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Life Estate

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ufhistory

Guest
I own a house that has my Aunt holding a life estate to the property. Prior to her having the life estate and me owning the proprty in it's entirety, I owned 1/3, she owned 1/3 and another Aunt of mine owned the other 1/3. My two Aunts signed over thier interest in the property and tagged the life estate for the Aunt that lives in the house. So basically, I was forced to decide whether or not I wanted to accept this transaction or not, and I did.

Fast foward to 5 years later...the Aunt is still living in the house and not paying one dime toward anything. I have to pay all upkeep, taxes, insurance and anything else pertaining to this property. I have about 5k+ in just these things and the house is in need of major work. I would like to know what my options are. Can I sell my interest in the house? Is there anyway for me to force her out? Can I make use of any part of the property myself? What can I do to get this dead beat off of my back? I am being abused and who knows how long the witch will live.

Also, what are the responsibilities of the tenant(life estate holder)?


This property is located in Florida.
 
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I AM ALWAYS LIABLE

Senior Member
ufhistory said:
I own a house that has my Aunt holding a life estate to the property. Prior to her having the life estate and me owning the proprty in it's entirety, I owned 1/3, she owned 1/3 and another Aunt of mine owned the other 1/3. My two Aunts sighned over thier interest in the property and tagged the life estate for the Aunt that lives in the house. So basically, I was forced to decide whether or not I wanted to accept this transaction or not, and I did. Fast foward to 5 years later...the Aunt is still living in the house and not paying one dime toward anything. I have to pay all upkeep, taxes, insurance and anything else pertaining to this property. I have about 5k+ in just these things and the house is in need of major work. I would like to know what my options are. Can I sell my interest in the house? Is there anyway for me to force her out? Can I make use of any part of the property myself? What can I do to get this dead beat off of my back? I am being abused and who knows how long the witch will live.

This property is located in Florida.

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roamer5

Guest
This probably is not going to help you, but I've got the same problem. The person with the life estate has moved to New Jersey and I have no way of contacting her. I had a post with the same title and got so frustrated, I deleted it.

The advice I received from this site has matched the same advice I got from phone and personal conversations from attorneys in Florida.

Basically, the only thing we can do is proceed with litigation. In fact I've been told not to even go near the place for it is then considered trespassing. Anyway, I'd better stop here since I am not an attorney and am only interpreting what I've told.

I hope you get it resolved, because I've reached the point to just stop paying the bills and let the thing foreclose.
 
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ufhistory

Guest
More info.

Roamer,

I'd like to hear your situation in detail. I'm not in a situation of forclosure on my property, I own it free and clear...other than the life estate mess. I probbly will seek the advice of my attorney on this, but I wanted to get as up to speed as possible. I have complete access to the property, that's not my problem. The problem is that this Aunt of mine wants to act like I am her landlord and just sit there on her duff and live for free. I'm sick of supporting her.
 
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roamer5

Guest
There is no mortgage on the Condo. The basic expenses are the monthly association fees and power bill, the annual property taxes and insurance, and intermitent maintenance expenses, all of which I have been paying.

The terms of the trust are that when this person vacates the property, she is to give me 90 day notice, at which time the property is to be distributed to me. She physically vacated the premises over 2 years ago, but never put anything in writing, so technically she still has a life estate. The procedure is for her to sign a Quitclaim deed transfering the life estate to me.

That may be what you need to give you complete control of your property. Even though your Aunt lives in the property and my life estate person does not, we do not have clear title.

If I stop paying the association fees and property taxes, the place will be foreclosed and I just walk away from it. The Condo is worth about $95,000. In my world, that's a huge sum, but this thing is wearing me down. This amount is not going to do me any good if I can never enjoy it. But this is starting to get into therapy stuff which means a different forum.
 

HomeGuru

Senior Member
roamer5, you should not have deleted your post. Your post was very helpful to others in the same situation.
 

I AM ALWAYS LIABLE

Senior Member
roamer5 said:
But this is starting to get into therapy stuff which means a different forum.
My response:

Now we finally get to the nitty-gritty of Roamer's problem - - the reason why he won't see an attorney to "get the ball rolling" and to get out from behind his computer, is because Roamer probably suffers from "agoraphobia."

I agree with HomeGuru, wholeheartedly, also. Perhaps the responses that we gave you, Roamer, could have helped this current writer or someone else having the same or similar problem.

No one knows who you are Roamer. So, why did you delete your thread, right along with my "time" ?

IAAL
 
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roamer5

Guest
I really do not appreciate these personal comments and snide remarks. That's why I deleted the post. I would be more than happy to re-state it, if I didn't have to be concerned about my character being attacked.
 

I AM ALWAYS LIABLE

Senior Member
roamer5 said:
I really do not appreciate these personal comments and snide remarks. That's why I deleted the post. I would be more than happy to re-state it, if I didn't have to be concerned about my character being attacked.
My response:

Roamer, first, it wasn't a "personal attack." That's because you "opened the door" to comments when you brought up the issue of "But this is starting to get into therapy stuff which means a different forum."

Second, and I'll repeat it again (like I had to repeat things to you on your deleted thread) YOU ARE ANONYMOUS HERE ! No one knows your name or who you are and, therefore, by definition, it CAN'T be a "personal attack."

Roamer, you absolutely WASTED our time, and you really deserve to have your condo ripped out from under you because you can't take "direction" or "suggestions" and because you have a problem with "comprehension" - - even when it's written in front of you - - and you're too lazy to have your rights protected.

And, woe unto the attorney who has you for a client. S/he will have to explain things to you 17 times before your "light bulb comes on" and even then, no one will know for sure if you REALLY understood the concepts - - which is why I had to constantly repeat things to you.

IAAL
 
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HomeGuru

Senior Member
roamer5 said:
I really do not appreciate these personal comments and snide remarks. That's why I deleted the post. I would be more than happy to re-state it, if I didn't have to be concerned about my character being attacked.
**A: My very first response to you was to hire an attorney.
You refused this correct advice and instead wanted the go-ahead to enter the property illegally under the guise of maintenance.
It appeared to be a game that you were playing in an attempt to somehow receive a response that you wanted to hear.
You were selfish by deleting your post because by doing so, the information is no longer available to help others. You though only of yourself.
As far as your concern about your character being attacked, what character are you playing? Chuck E. Cheese, Ronald McDonald, Pikachu, Spiderman, R2D2, Kikaida, Barney, ET Roam Home......
 
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roamer5

Guest
Allright already. Enough. You are 100% right as always. Now back to the original issue which is the following:

My Dad passed away and left a life estate to his lady friend based upon the conditions that she resides there and pays all associated costs. For the past two years she has done neither. When the life estate disappears, the property is to be distributed to me. The advice given by the forum experts here is to consult an attorney to proceed with litigation.

I am not playing any games here. I have scheduled a meeting. What I would like to know is the mechanics of the litigation. If she cannot make an appearance in Florida, do I need to go to New Jersey?

I don't have agoraphobia, I just don't like going anywhere.

And I also understand that this really is someone else's thread, so this will be my last post on this unless asked.
 

I AM ALWAYS LIABLE

Senior Member
roamer5 said:
I don't have agoraphobia, I just don't like going anywhere.
My response:

I almost laughed myself off my chair when I read the above statement, Roamer !

Here's the definition of Agoraphobia - -

Main Entry: ag·o·ra·pho·bia
Pronunciation: "a-g(&-)r&-'fO-bE-&
Function: noun
Etymology: New Latin, from Greek agora + New Latin -phobia
Date: 1873
: abnormal fear of being helpless in an embarrassing or unescapable situation that is
characterized especially by the avoidance of open or public places.

Uh, I've got news for you Roamer, but you're a "classic" definition of that term.

Oh, and if you think I'm going to waste my time again with you, answering your current question (due to your inability to comprehend) then I've got some beach-front property in Idaho I'd like to sell to you.

Have a wonderful, closed-in, life !

IAAL
 
U

ufhistory

Guest
Not helpful

This banter back and forth is a waste of my time. I have gotten no useful information. Thanks for nothing.
 

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