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  1. #1

    Question Life Estate Duties and Obligations

    I bought my mother's duplex plus studio apt from her in 1997. However, the land court doc. says that "for no consideration as this is a transfer and not a sale, grant to (my husband and me) ... to hold as Tenants ByThe Entirety(?), with WARRANTY COVENANTS (?),the land...Reserving to (my mother) the use and occupancy of said premises, for and during her lifetime. My mom lives in one apartment and we occupy the other and the studio. Are we the grantors even though the doc says that we didn't purchase the property?
    For the past 10 years, my husband and I have been paying for all maintenance, repair, upgrades, water/sewer, snow & garbage removal, flood insurance, homeowner's insurance,property taxes, lawn care, and even some work on her apt (we only asked that she take care of her own utilities and her any work on her own apt. My siblings have not been happy with this thinking that we should take care of her apt too.
    I recently learned that my mother was responsible (need confirmation) for maintaining the property during this time. I did not mind that we paid all the bills until my mother moved her boyfriend in (who belongs in assisted living or a nursing home and has turned her-albeit with her permission-into an 85 year old full-time nurse for $100 a wk). She also allowed my 31 year old neice -who is leaving - to move in without paying rent. I realize she can have anyone she wants live there but we no longer feel it our obligation to pay for the bills when she could be getting help from well-off but cheap boyfriend and family. My sister says that because we bought the house we own the bills OR her other scenero is that the bills we pay are in leu of rent because my mom could be getting rental income from our apt and we could be displaced. I would like to know what our circumstances really are. Also I am concerned that the house that we bought and have been paying the bills on and sinking money into will not go to our children in the event that we die before my mother. Anyone?

  2. #2
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    Default Re: life estate confusion

    If you were given land by your mother, she is the grantor and you are the grantees.

    If you don't want to pay the bills and mom isn't doing so, you can sue her. That's probably not going to do much to smooth over the ruffled feathers within the family. Note that under the language you quote, she can throw you out.

  3. #3
    Join Date
    Jul 2006
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    Default Re: life estate confusion

    Definitions of tenancy by the entirety on the Web:

    * A form of property ownership similar to joint tenancy, but which carries no rights of survivorship, no exclusions from the probate process and no protection from lawsuits and creditors.
    http://www.valic.com/valic2003/aigva...edu_glossary-s

    * A tenancy by the entirety is created by a conveyance to husband and wife, whereupon each becomes seized and possessed of the entire estate and after the death of one the survivor takes the whole.
    www.lawchek.net/resources/forms/glossary.htm

    * The co-ownership of real estate by a married couple. Upon the death of one spouse, the other automatically owns the entire property.
    www.lasvegasproperties.com/glossary.html

    * Joint ownership of a property by husband and wife. Ownership is passed to the surviving spouse, known as the right of survivorship.
    www.reidepot.com/Glossary/t.html

    * a form of ownership by a husband and wife, recognized in some states, in which one may not act without the other's consent in matters affecting property. When one dies, the rights of the deceased spouse automatically pass to the survivor. See tenancy in common, and joint tenancy.
    www.ots.treas.gov/glossary/gloss-t.html

    * A type of joint tenancy of property that provides right of survivorship and is available only to a husband and wife. Contrast with tenancy in common.
    https://remax-headinghome.com/Glossary.aspx

    * Ownership by a husband and wife in which they together hold title to the whole property with right of survivorship.
    http://www.realestatelawyers.com/Glo...tate-Terms.cfm

    * A form of ownership by husband and wife whereby each owns the entire property. In event of death of one, the survivor owns the property without probate.
    www.ashcroftescrow.com/P19.cfm

    * A tenancy in which parties jointly own property. After the death of one, the survivor takes the whole estate. Tenancy by the entirety can be terminated during their lifetime only by joint action of the parties.
    www.bookkeeperlist.com/definitionst.shtml

    * Method of co-ownership that is a joint tenancy between husband and wife.
    http://www.swlearning.com/blaw/jenni.../glossary.html

    * Ownership by married persons where each owns the entire estate, with the survivor taking the whole upon the other’s death.
    www.prolandtitle.com/terms.html

    * Ownership by a husband and wife where they hold title together and where the surviving spouse becomes the owner of the entire property.
    www.peakagents.ca/glossary/t3.htm

  4. #4
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    Jul 2006
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    Default Re: life estate confusion

    http://en.wikipedia.org/wiki/Warranty_deed

    warranty deed general info

  5. #5

    Default Re: life estate confusion

    Thanks for your reply Mr.K. We actually paid for the property 1/2 its worth at the time (1997) $50,000. I don't know why deed says for "no consideration". One lawyer I spoke to says mom can't throw us out but, like you, I am not so sure. Doesn't seem right after the amount of money (close to 200,000) that we have invested in the place. If another tenant moves into our apartment it could get ruined. So, if that happens-can we sue for 10 years worth of bills, the 50 grand, and any money we put into the place?

  6. #6

    Default Re: life estate confusion

    PS - The lawyer that I spoke with had not yet read any documentation - advice based on verbal communication only.

  7. #7
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    Default Re: life estate confusion

    Your lawyer may be aware of factors we don't know, and is the person in the best situation to advise you.

  8. #8

    Default Re: life estate confusion

    Thanks for reply Seniorjudge - I have had a chance to review terms and appreciate your efforts. Here though is why I get confused - all of the definitions of tenancy by the entirety say that the spouse has rights of survivorship except the very first definition, which contradicts all that I have read thus far (unless of course I am reading that wrong too). Maybe its majority rules. In any event, these terms do not tell me what I need to know. I think the fact that the home I bought from mom is a duplex is the confusing issue. If we bought a single family home from my mother and she had a life estate there would be no question that she maintain the property until she died. The fact that we also live here in an apartment raises the questions, do we own our apartment and my mom hers? who pays? should each pay half of the bills? Most importantly, if my hubby and I die first are my children able to inherit the property if we have a will? Perhaps because it was not spelled out in the deed no one can know for sure.

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