aunt's life estate

[Warnesky]

What is the name of your state? NewJersey
My aunt was given a life estate to a condo in NJ my sister and I own. There are no contingencies on the deed. However, my aunt, who is 85, has been declared incompetent and now has a legal guardian and has moved to a nursing home in NY. The guardian refuses to pay the maintenence fees and taxes on the property and has advised us to get a quit claim. She states she will sign any paperwork to release my aunt from any responsibility for the property. The condo was left in very poor condition. What are our reponsibilities to the property as remainders? Must we pay the fees, taxes, and upkeep of the property if the guardian refuses to, until my aunt dies? My aunt is on medicaid and her guardian states there is no money available. Can we sell the property, and if so, will a percentage of the proceeds go to my aunt's medicaid? If we don't sell it, is my aunt still responsible for its upkeep?

 

[CalifAtty-1]

What is the name of your state? NewJersey
My aunt was given a life estate to a condo in NJ my sister and I own. There are no contingencies on the deed. However, my aunt, who is 85, has been declared incompetent and now has a legal guardian and has moved to a nursing home in NY. The guardian refuses to pay the maintenence fees and taxes on the property and has advised us to get a quit claim. She states she will sign any paperwork to release my aunt from any responsibility for the property. The condo was left in very poor condition. What are our reponsibilities to the property as remainders? Must we pay the fees, taxes, and upkeep of the property if the guardian refuses to, until my aunt dies? My aunt is on medicaid and her guardian states there is no money available. Can we sell the property, and if so, will a percentage of the proceeds go to my aunt's medicaid? If we don't sell it, is my aunt still responsible for its upkeep?

My response:

The condo has always BEEN yours and your sister's. Aunt had no "ownership" interest in the condo. That's what a "Life Estate" means. Take the Guardian up on the offer to release the Life Estate, presuming there's no chance in hell of Auntie taking up residence again. Then, sell the joint! Medic-Aid can do nothing because Auntie never owned the condo.

IAAL

 

[justalayman]

What is the name of your state? NewJersey
My aunt was given a life estate to a condo in NJ my sister and I own. There are no contingencies on the deed. However, my aunt, who is 85, has been declared incompetent and now has a legal guardian and has moved to a nursing home in NY. The guardian refuses to pay the maintenence fees and taxes on the property and has advised us to get a quit claim. She states she will sign any paperwork to release my aunt from any responsibility for the property. The condo was left in very poor condition. What are our reponsibilities to the property as remainders? Must we pay the fees, taxes, and upkeep of the property if the guardian refuses to, until my aunt dies? My aunt is on medicaid and her guardian states there is no money available. Can we sell the property, and if so, will a percentage of the proceeds go to my aunt's medicaid? If we don't sell it, is my aunt still responsible for its upkeep?

I can't answer the legal questions but how about a common sense answer to some of the questions.


If there really is no money, your aunt can't pay anything and if you refuse to do so, it's going to get taken for back taxes. This is your property, your aunt merely has a home there until she dies. If nobody pays the expenses, you will be the one who loses.

If the expenses are not recoverable from the aunts estate, it still seems like a minimal investment for the returns you would realize, I mean after all, she is 85. (not meant to be insensative, merely realistic)