Lifetime estate

[Marcy Jones]

What is the name of your state? Florida
My mother died leaving my stepfather a lifetime estate. It is my understanding that my sister and I own the house but he can live there until he dies. He filed reorgainization bankruptcy shortly after our mother's death. There is a mortgage on the house. We are not on good terms with him and do not speak to him. There has been structural damage to the house due to neglect which has not been repaired because he has no money. We recently found out that he has terminal cancer. We are worried that he will not make the mortgage payment. What are our rights regarding the damage to the house and at what point will we be notified if he defaults on the mortgage? Can our credit be affected since the house is legally ours? Our name is not on the mortgage. We would also like to obtain some of our mother's possesions. Is this possible?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Florida
My mother died leaving my stepfather a lifetime estate. It is my understanding that my sister and I own the house but he can live there until he dies. He filed reorgainization bankruptcy shortly after our mother's death. There is a mortgage on the house. We are not on good terms with him and do not speak to him. There has been structural damage to the house due to neglect which has not been repaired because he has no money. We recently found out that he has terminal cancer. We are worried that he will not make the mortgage payment. What are our rights regarding the damage to the house and at what point will we be notified if he defaults on the mortgage? Can our credit be affected since the house is legally ours? Our name is not on the mortgage. We would also like to obtain some of our mother's possesions. Is this possible?

My response:

Your statement, "Our name is not on the mortgage", tells me that your mother's Estate was never Probated; i.e., no one has received official court orders concerning the Life Estate.

Nonetheless, you had better start speaking to him. He is laying "waste" to your property. He is legally obligated, during his Life Estate, to pay for EVERYTHING having to do with that house; e.g., taxes, repairs, maintenance, insurance, mortgage payments - - everything. If he doesn't, you are entitled to court orders ordering him to pay everything directly to you, and you in turn, making the necessary payments.

During his life, he is, in effect, your forced tenant. But, through Probate, you can have him tossed out for his failures to maintain the premises, and for laying waste to your property.

Your credit isn't being affected because your name isn't on the mortgage. However, your property interests ARE being ruined in your mother's legacy to you.

IAAL