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Life Estate Question

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JoeySC

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? South Carolina

Preface: My mother owned home years before she remarried and the home is paid off with no liens. She left life estate to my stepfather and upon his death; the home goes to my brother and myself. Shortly after my mother’s death, my stepsister got Power of Attorney over my stepfather since he has dementia / Alzheimer’s (which cannot be diagnosed except by autopsy), placed him in an assisted living facility, and began renting the home to assist with his expenses. The other home that my mother and stepfather owned was sold and the money went to him. I visit the neighbor on occasion and can see that damage is occurring to the home, both from the renters, their pets, and weather. I understand that my stepfather gets the money from the rent, which we have no problems. We have just asked my stepsister to maintain the home and it does not appear that she is doing a proper job of it, from the outside. The gutters are starting to fall, the paint on the outside is chipping, and the renter’s pets are digging holes in the yard, and gnawing on the side of the detached garage.
I received the termite bond bill to my home so I can monitor when it comes due and to protect it from being cancelled. This bond has been on the home since 1973 and costs about $2,000 to have another established if this was to lapse or be cancelled. I forwarded the bill to my stepsister and she sent it back to me stating that she doesn’t feel that “daddy” is responsible for pest control bills, etc. She stated that if my brother and I wanted to keep the termite bond, it was going to be at our expense.

Question#1: Is she responsible for this termite BOND, since it was on the home prior to my mother’s death. Since it is due within 2 weeks, if she does not pay it and I pay it to keep it from being cancelled, can I recoup the money from her?

Question #2: We were told that upon the death of our step father, when the home goes to my brother and myself, that my step sister would not be held responsible for any damages that have occurred by the renters, weather, and lack of maintenances, since she is acting as POA on his behalf. My step sister and her other sibling have purposefully liquidated all my step father’s assets and even gave themselves his boat, cars, etc (with his signature and dated prior to her getting POA), so I know he will have very little or no assets or money upon his death since they are keeping him on the fine line between red and black.
Can SHE be held civilly liable for damages under some form of negligence or failure to act responsibly? Reminder: my stepfather has severe dementia and is in an assisted living facility.

Thanks
 



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