Life Estate

Back in or around 1992 my sibling talked our mother into protecting her home by what she first calling a Living Estate I think. She (sibling) said that it would protect our mother in case anything ever happened. Our mother being of limited funds and a very small estate thought it made good sence, so they went to an Attny. It cost my mother over $1,000 to have this drawn up. She put my name and two other siblings names on the document leaving one off because at the time she didn't have that siblings address. This made the other two happy they wanted her to disown that sibling anyway, so this was good for them. As it stands I am my mother caregiver. We are moving from this area and I will not leave mother behind. SO! How can she get her house back in her name only? We have been told the siblings need to sign a paper turning it back to her. I don't think they will. If they don't where does she stand? Can I tell them that if they don't they can watch the house rot and fall down? That no one will ever benefit from what should be our mother's, and that I will never agree to anyone living in the house and will never sign to sell it even if she is no longer with us. I will gladly take on all responsiblity for my mother and they can just get lost if that is the case. What should she do so she can sell her house? We don't want her money and don't want her to help obtain our home that we will be moving to, where she will be living with us. Please HELP!

It sounds like your mother created a living trust. What she can do now depends upon the terms of the trust, and whether or not it is a revocable or irrevocable trust. You should take the document she executed, a copy of the deed, and any other documentation that seems important and have them reviewed by an estate planning lawyer.

When she went in to have the paper drawn up she was going for a Living Trust. As it turns out the Deed seems to be a regular Deed. The tax offices show it as a Life Estate but the Deed doesn't show anything like that. What papers would they (the Tax Office) be going by if not the Deed? She is talking to an Attny and he is trying to help her but isn't sure if she can do anything. He is a Real Estate Attny. Something in the Deed required her to attach a Certified Copy of my dad's Probated Will. If it is just a regular Deed can she get Quitclaim Deeds on her house so it will be hers again?

It's a regular deed putting title into whose hands? And whomever the property was titled to is/are willing to title the property back?

You really need to have all of the documentation reviewed by a competent lawyer.

If it does end up being a regular Deed can she claim Adverse Possession? She has lived there from 1956 to present. The document that transfered it to me and my two sisters was filed in 1991 fourteen years ago. So, for 14 years she has lived there, paid taxes, insurance, and saw to all repairs. If so how would she go about filing for the Adverse Possession? Because she really dosen't think my sisters will sign a QuitClaim Deed deeding it back to her.

She also wanted me to ask you about a little piece of property that her parents left her and her sister. Her sister stopped helping pay the taxes a couple or three years ago she has been taking care of them by herself. Should she see if her sister will sign a QuitClaim Deed or does she have any other recourse on her parents property?

Thank You!

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Quoting CareGiver

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If it does end up being a regular Deed can she claim Adverse Possession?

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If she is living there with permission, it is not adverse possession.

Did you talk to a lawyer yet?

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Quoting CareGiver

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She also wanted me to ask you about a little piece of property that her parents left her and her sister. Her sister stopped helping pay the taxes a couple or three years ago she has been taking care of them by herself. Should she see if her sister will sign a QuitClaim Deed or does she have any other recourse on her parents property?

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She can ask.... She would know better than anybody here if her sister is likely to quitclaim the property to her.

Well, as it ends up my mother's home was completely Deeded over to my sisters and myself in 1991. She has asked them to please sign it back over to her so she can sell it and be able to move when we move. Need I say, they refused. They told her "we will give you what ever we get for selling the house when ever the time comes." That would mean that if she gets any thing at all it will be very little due to our lack of investment in the home. Do you have any suggestions? Is she just totally out of luck here, that is what the attorney here is telling her. It just doesn't seem right. The original attorney messed up by filing the Deed back in 1991 and then she had to do an other document at the tax office to have somekind of Life Estate. Because of this mistake she seems to have no recourse???? Or is there some way she could pursue this mistaked? Thank You!

She could file a lawsuit for partition.

That means she wants to sell and the other owners do not.

The land will be sold on the courthouse steps to the person (if any) who bids the highest.

The money will then be split among all the owners. If there is any money, that is.

These are long and expensive lawsuits.

If she has a life estate she can rent the house out but will still have to pay the taxes, insurance and maintenance. There is nothing the sisters can do to prevent that. Probably your best option is to offer to sell the life estate and your share to the sisters. Then you are rid of them.