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  #1  
Old 03-07-2006, 10:18 PM
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Join Date: Feb 2006
Posts: 1

Life Estate on Warranty Deed


What is the name of your state? Mississippi is the state where this is taking place.
My husband had 5 siblings, his oldest sister died six years ago. This sister was the "care giver" for the entire family. In 1988 she and her husband bought her parents home and property so that her mother would not be in a bind financially. Her mother retained a life estate on the house and land. (Her father has passed away shortly before the sale of the property)
The life estate terminology reads "After first carving out a life estate unto the grantor, then conveying the remainder estate in and to the following**************...."
The oldest sister who bought the home and property passed away in 2000. Her mother gave power of attorney to another sister who put her in a nursing home when she began showing symptoms of Altzheimers. The mother has been in the nursing home for over a year now and the house has been vacant. The Altzheimers is progressing and she is unable to care for herself or live alone. Two sisters have taken everything that has value out of the house i.e. furniture, appliances. The water and power meters have been pulled. Vandals broke out a back window to get into the house. Mold is taking over the woodwork because of the humidity. The house looks ransacked with trash all in the floor. It is an older home which needs regular upkeep and repairs.
The older sister's husband now can't even get affordable insurance on an empty house with no water meter. They bought the house just to help out her mother, so she wouldn't have financial difficulties in her older years. I can't keep from thinking about the old saying "No good deed goes unpunished." in his case, with this house. Am I correct in thinking that he should be able to take posession of the house now because of the way it is deteriorating ?
Could someone please give advice on this case ? Thank you for your time in reading this post, and sorry it is so long.
  #2  
Old 03-08-2006, 08:50 AM
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Join Date: May 2003
Posts: 2,607
It's his property and he can take possession anytime he wants. The life tenant is responsible for upkeep but obviously she has no assets. If the mother is coherent he can "purchase" the remainder of the life estate. If he repairs the property and rents it out she would be entitled to the rent less expenses.
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