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Life Use - Moving Out

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jjs123

Junior Member
What is the name of your state? New York

My step-dad has Life Use of the house which is owned by his daughter who has no cantact with him for many years.

I have moved my mom and step-dad out of the house to an apartment, so his life use is terminated.

What is the proper legal way of turning the house over to the daughter? We have sent a letter requesting her to sign for the letter but she has not picked it up. We want her to read the letter and call us so we can give her the keys.

We do not want to go to her address and knock on her door......we had to do extensive research just to find the current address...otherwise we would've not even known the address.

Thanks.
 


HomeGuru

Senior Member
jjs123 said:
What is the name of your state? New York

My step-dad has Life Use of the house which is owned by his daughter who has no cantact with him for many years.

I have moved my mom and step-dad out of the house to an apartment, so his life use is terminated.

What is the proper legal way of turning the house over to the daughter? We have sent a letter requesting her to sign for the letter but she has not picked it up. We want her to read the letter and call us so we can give her the keys.

We do not want to go to her address and knock on her door......we had to do extensive research just to find the current address...otherwise we would've not even known the address.

Thanks.
**A: an attorney can do the proper paperwork.
 

jjs123

Junior Member
We did speak with an attorney and he indicated just to send the letter and keys to last known address and send it with delivery confirmation.....so we have proof that it made it to the address.

That didn't seem right to me. What paper-work are you talking about ?
 

HomeGuru

Senior Member
jjs123 said:
We did speak with an attorney and he indicated just to send the letter and keys to last known address and send it with delivery confirmation.....so we have proof that it made it to the address.

That didn't seem right to me. What paper-work are you talking about ?

**A: you are not giving us the comnplete story. Is there not a life estate agreement recorded on title? What are the facts?
 

jjs123

Junior Member
What I know is that the DEED indicates that my step-dad has "LIFE USE" (LU) of the house. The DEED indicates the daughter is the owner. I do not know of any other particulars.

Since he has moved out of the house....we want to turn the keys over to the daughter who hasn't had contact with us in years.

The lawyer indicated just to mail the keys to her last know address and since my step-dad has moved out, he has no connection to the house anymore. A delivery confirmation would show that we sent the letter and keys to the last known address and would show that she was notified.

I wanted to confirm that the process he indicated to us was correct.
 

HomeGuru

Senior Member
jjs123 said:
What I know is that the DEED indicates that my step-dad has "LIFE USE" (LU) of the house. The DEED indicates the daughter is the owner. I do not know of any other particulars.

Since he has moved out of the house....we want to turn the keys over to the daughter who hasn't had contact with us in years.

The lawyer indicated just to mail the keys to her last know address and since my step-dad has moved out, he has no connection to the house anymore. A delivery confirmation would show that we sent the letter and keys to the last known address and would show that she was notified.

I wanted to confirm that the process he indicated to us was correct.
**A: if you do not answer my direct question, then I'm done with this thread. You keep repeating the same thing that we already know. That is not helping us to help you.
 

jjs123

Junior Member
I'm not deferring your direct question...... I don't understand.

Your question:
"Is there not a life estate agreement recorded on title?"

Does this mean I have to get a hold of the title and see what it states ??? I'm familar with the DEED but no idea about the title. Is that something I must look at ?

Regarding "giving the facts"....I've given all the facts that I know right now.
 

HomeGuru

Senior Member
jjs123 said:
I'm not deferring your direct question...... I don't understand.

Your question:
"Is there not a life estate agreement recorded on title?"

Does this mean I have to get a hold of the title and see what it states ??? I'm familar with the DEED but no idea about the title. Is that something I must look at ?

Regarding "giving the facts"....I've given all the facts that I know right now.

**A: yes, that's what you need to do. You probably don't even have the deed and are just making things up as you go.
 

jjs123

Junior Member
I have no idea why you would say that.

The lawyer my mom/step-dad contacted in the past has the deed and he said my step-dad has life use. Why would I make this up ? That's all I know.
He mentioned nothing about a title to my mom.

I don't have access to any of their information because I'm 400 miles away and trying to help them complete this process.

Thanks for what you have suggested so far but I will go someone else to figure this out.
 

HomeGuru

Senior Member
jjs123 said:
I have no idea why you would say that.

The lawyer my mom/step-dad contacted in the past has the deed and he said my step-dad has life use. Why would I make this up ? That's all I know.
He mentioned nothing about a title to my mom.

I don't have access to any of their information because I'm 400 miles away and trying to help them complete this process.

Thanks for what you have suggested so far but I will go someone else to figure this out.

**A: why did your attorney not tell you that if the life estate agreement was recorded on title, then that agreement must be extinguished and released from title. Simply returning keys in a letter is not going to remove the life estate from title.
Even if you were 4000 miles away, you could still contact the attorney by phone, fax or email. In this modern age of technology, there is no excuse.
 

jjs123

Junior Member
I don't know why the attourney didn't mention that. And I did talk to the attourney myself and he expalined to me what I mentioned here. He made it sound like no new big deal. This is the truth. It doesn't seem correct to me either which is why I started to research it more and found this website.

My point about being 400 miles away is that I don't have access to the documents right now and my mom/step-dad would have to mail them or read them over the phone to me. I will call her now to ask about the title.

My point was to verify his information.....which has led me down this path.

I'm also am in the process of contacting a different attourney in the area .... like I said, I didn't think the other attourney's advice was correct, which is why I trying to figure this out and ask quesitons.

If I knew all the answers up front, I probably wouldn't have needed to post here.....I never heard of the title before you mentioned it.....so, I will research the title now.

You have really mis-interpretted my posts and drawn conclusions that are not true. Once again, thanks for the info that you provided.
 

HomeGuru

Senior Member
jjs123 said:
I don't know why the attourney didn't mention that. And I did talk to the attourney myself and he expalined to me what I mentioned here. He made it sound like no new big deal. This is the truth. It doesn't seem correct to me either which is why I started to research it more and found this website.

My point about being 400 miles away is that I don't have access to the documents right now and my mom/step-dad would have to mail them or read them over the phone to me. I will call her now to ask about the title.

My point was to verify his information.....which has led me down this path.

I'm also am in the process of contacting a different attourney in the area .... like I said, I didn't think the other attourney's advice was correct, which is why I trying to figure this out and ask quesitons.

If I knew all the answers up front, I probably wouldn't have needed to post here.....I never heard of the title before you mentioned it.....so, I will research the title now.

You have really mis-interpretted my posts and drawn conclusions that are not true. Once again, thanks for the info that you provided.
**A: no way........
 

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