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Retarded cousin and his house

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susansmiles

Junior Member
South Carolina
My mother is a legal caretaker for my retarded cousin (50yrs old). When his mother died, her will stated that MT could stay in the house until he died, but he can not sell the house. When MT dies, the house goes to another cousin. The house is infested with termites. MT does not have the financial resources to have the repairs done. The cousin who will get the house when MT dies, will not help with the repairs. Who is legally responsible for the care of the house? If something isn't done, I'm afraid the roof will collapse on MT. MT will NOT move from the house, saying he has lived there for 47 years. Please help!
 


BelizeBreeze

Senior Member
South Carolina
My mother is a legal caretaker for my retarded cousin (50yrs old). When his mother died, her will stated that MT could stay in the house until he died, but he can not sell the house. When MT dies, the house goes to another cousin. The house is infested with termites. MT does not have the financial resources to have the repairs done. The cousin who will get the house when MT dies, will not help with the repairs. Who is legally responsible for the care of the house? If something isn't done, I'm afraid the roof will collapse on MT. MT will NOT move from the house, saying he has lived there for 47 years. Please help!
If the cousin who will inherit when MT dies (life estate) doesn't feel like protecting his investment then he's an idiot. But then, there you go.
 

susansmiles

Junior Member
to clarify

My mother is worried that the cousin who will inherit the house will sue her for damages to the house when MT dies. Can my mother be sued if she does not do something about the termites? She is MT's legal guardian. We are very concerned about this.
 

nextwife

Senior Member
My mother is worried that the cousin who will inherit the house will sue her for damages to the house when MT dies. Can my mother be sued if she does not do something about the termites? She is MT's legal guardian. We are very concerned about this.
Mom might want to send a certified letter notifying cousin of the problem, and that she wanted him to be aware of the life estate tenant's inability to finance the needed repairs. That way mom can retain a record establishing cousin was made aware of the issue and chose to not act.
 

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