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Lifetime WHAT!?*$@#%

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chaddlee

Guest
This is cc: N.C. I was deeded some acres of land 10yrs ago by my mother and her husband. She died last yr. Seems he has "life time rights"....
FIRST....Does he get the income from the farming?,under this term of "lifetime rights?, as it is leased out each year.?? It doesnt say he is entitled in the deed. Is this a "right" of "lifetime rights"?? or is it USE of, and LIVING ON only??

SECOND...I went by the farmland today(up from Fla.)and noticed some trailers (four) "sitting there" , set up, on what appears to by MY LAND. If a survey is done, and shows they are ON MY LAND, what is my recourse(s)?? IF any compensation is ordered by the courts(if I go legal on this), do I GET the money or my EX stepfather who has the lifetime rights? I cant help but wonder who is getting cheated here. I have paid the taxes for 10 yrs. but got no income from it, was just a lad then. The trailers are in the rear of a track of land( about 2 acres) that sits in the middle of mine,with road front. He has moved a ditch over several feet MY WAY! ( it was a boundary line!) owned by an EX uncle. I feel he has ENCROACHED some of my land. Any thoughts would be MOST appreciated before I call a lawyer and holler SUE !!! :)
Daytona Beach, Fla.
 


C

chaddlee

Guest
Lifetime What^%%#$#@$#

Thanks HomeGuru.....I am having the land surveyed...and if any of the items ARE on my land...I will contact my attorney and have him take the necessary action(s).
Your sense of humor is refreshing, and your quick answer is so professional ...thanks!
May I ask also about the FIRST question? Does LIFETIME rights include all income or just living on the land and using it? Any thoughts?
Thanks again.
chaddlee in daytona
 

HomeGuru

Senior Member
Actually my response to you was delayed as you posted the same thing three times on different boards. I could not decide wish one to respond to. I was in a quandry, debating the pro and the cons to and by myself. Then I realized that I was tri-polar. Stuck in the middle. Once I took Viagra and smoked marijuana at the same time. I was ready but forgot what to do.

Normally a life estate interest is a use interest only and not an income interest although each specific document may be worded differently. Hence the only way to find out is reviwing the respective document(s).
You have a very unique name, of course made more popular with the Presidential election chaos.
 
C

chaddlee

Guest
Lifetime What^%%#$#@$#

THANKS again HomeGuru...you are my hero!...I am having the 27 acres surveyed immediately(call is in already)...I have read the deed and it only states "subject to the life estates of the grantors herein, " NOTHING is stated about exceptions to his getting income from it. I am waiting for an attorney to return my call concerning the N.C. definition of LIFETIME rights, and what they include. IF it has to state INCOME...then I have SEVERAL thousand dollars coming my way....not to mention I may have comp. coming from ENCROACHMENTS for almost 3 yrs. now.
Thanks again...of course, I dont know which to thank, the VIAGRA, the MARIJUANA, You, or both or all three.....hahahahahaha
Will post the results here, good or bad. :):)
 
C

chaddlee

Guest
Lifetime What^%%#$#@$#

Hi HomeGuru...here is what I was told about LIFETIME RIGHTS for North Carolina... Its as though he STILL OWNED IT, and has ALL rights etc, to use, live on, AND THE INCOME TOO!! BUT why in H*** do I have to pay the taxes on it then? For TEN years I have paid the taxes but HE gets the INCOME, the USE OF, JOY OF, to LIVE on it, etc, ALL the assets but NONE of the liabilities? Looks to me like HE should be paying the taxes too. It isnt in writing I HAVE to pay the taxes,(per any deed) HE said I HAD to, 10 yrs ago. So it appears that since the DEED is in MY name...I have the tax responsibility, and yet HE gets the GOOD and JOY from it, seeing as how HE has "lifetime Rights aka LIFE ESTATE...North Carolina laws SUCK. Thats ANOTHER reason I left N.C.!! They are archaic and need updating.
Any thoughts OH great One? :):):)
 

HomeGuru

Senior Member
Who told you that, a little birdie, talking monkey, attorney etc.?

You need a written legal opinion from a real estate attorney that practices in the State the subject property is located in. The opinion should be based on the review of the lifetime interest and all related transfer interest documents documents, statutory and case laws.

I agree with your comments because if he gets all the benefits then he should likewise have all the liabilities such as paying for real property taxes, insurance repair and maintenance etc.
There may be a situation whereby the transfer of interest document was written with flaws.

 
C

chaddlee

Guest
Lifetime What^%%#$#@$#

Thanks HomeGuru....the "birdie" that told me this was supposed to be an attorney who had SOME knowledge of R.E. Law in N.C. I am going to mail off a copy of this deed to a FULL R.E. Lawyer tomorrow or tues. and ask them to give me a WRITTEN opinion of this document as to what I can, cant should or shouldnt do. If I am told HE should have been respons. for ALL the aboved mentioned items then I will take a lien out or judgement against his remaining estate. HE can either pay me now, with interest or I will bill his estate when he dies. HE is 77. I will let you know what they tell me on this matter when/if I get a response from them. If you only knew what an s.o.b. HE is!
Thanks!! for everything so far.... :)
 

HomeGuru

Senior Member
Ok, now you're getting on the right track.

I hear sob stories all the time.
Same stories just different characters.

Please let me know what the real real estate attorney has to say.

HomeGuru
 

n e way

Junior Member
check again

Thanks HomeGuru....the "birdie" that told me this was supposed to be an attorney who had SOME knowledge of R.E. Law in N.C. I am going to mail off a copy of this deed to a FULL R.E. Lawyer tomorrow or tues. and ask them to give me a WRITTEN opinion of this document as to what I can, cant should or shouldnt do. If I am told HE should have been respons. for ALL the aboved mentioned items then I will take a lien out or judgement against his remaining estate. HE can either pay me now, with interest or I will bill his estate when he dies. HE is 77. I will let you know what they tell me on this matter when/if I get a response from them. If you only knew what an s.o.b. HE is!
Thanks!! for everything so far.... :)


If you are paying the taxes then you are giving him yet another gift. He can be held responsible for the taxes.
 

tranquility

Senior Member
"Lifetime rights" is not a legal term. Without the specific wording it is impossible to tell the meaning. However, in general a life estate includes any profits from the property. Usually there is full right of possession and can do anything which will not cause waste.
 

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