Living Rights

[Lurkin]

What is the name of your state (only U.S. law)? NC

i have a living right issue i need help resolving.
long story short. my dads wife got living rights to all the property he owned when he passed. i had to do this to be able to keep it in the long run since his will wasnt finished before he died.

anyhow the agreement was she has to keep taxes paid, insurance on everything and not devalue the property.

well she has just gotten over having her wages garnished for two years back taxes and they are due again. she does not have insurance on anything and she is letting stuff run down hill.
i just had to pay out of pocket to replace the well since she didnt have the money.
do i have a good case if i decide to take her to court?

 

[Dandy Don]

You may be using incorrect terminology. What you may be referring to is a life estate. You will have to look at the will, if that is where the terms of the life estate were discussed, or at the signed agreement and then consult an attorney about how to proceed. How much was the well? You may be able to sue in small claims court for that.

 

[Lurkin]

on the deed it's listed at lifetime rights. there was no will due to the fact my dad passed before it was finished.

the papers were drawn up stating that the taxes are to be paid by her and insurance kept on all property also she has to keep the property up to code and not let it depreciate.

the taxes are due again but if it's like it was in the past her wages will be garnished to collect. she also does not keep the peoperties insured. i do however keep hazard insurance on them to protect myself.

she has also let her son bring a big eye sore of a building onto one of the properties that is not pretty to look at.

the well was 1,000.00. i'd just like to know if i stand any kind of chance if this went to court. we have offered to collect the rent on the properties and put in a seperate bank account and keep the taxes paid and upkeep on the properties but she gets mad when we say anything.

 

[Dandy Don]

Is there anything in the agreement about the well or is that something you decided to do on your own? If it's in there you have a stronger chance of winning.

 

[Lurkin]

Is there anything in the agreement about the well or is that something you decided to do on your own? If it's in there you have a stronger chance of winning.

nothing specific. just says must maintain the properties. i take it that means fix whats broken.

there is another well that she has gotten the neigbor to fix cause she didnt have the money to fix it. only reason he did that is cause he gets water off it too.

it's one of them deals where you know you need to do something but dont want to make anybody mad.

 

[divgradcurl]

i'd just like to know if i stand any kind of chance if this went to court.

Yes, it sounds like you might be able to prevail, if you can prove that repairing the well and the other stuff falls under the provisions of the written contract.

But the bigger question is, so what? If she doesn't have the money to pay for, a judgment against her isn't going to create money. If you think she does have assets, sue away, but if she doesn't have any assets, and doesn't appear to have any assets coming to her in the future, it may be a waste of time.

 

[Lurkin]

Yes, it sounds like you might be able to prevail, if you can prove that repairing the well and the other stuff falls under the provisions of the written contract.

But the bigger question is, so what? If she doesn't have the money to pay for, a judgment against her isn't going to create money. If you think she does have assets, sue away, but if she doesn't have any assets, and doesn't appear to have any assets coming to her in the future, it may be a waste of time.

what i hope to get out of it is her name off the deeds and into my wife and I's name. i just dont want everything comming back on me cause she didnt do her part.

 

[divgradcurl]

what i hope to get out of it is her name off the deeds and into my wife and I's name. i just dont want everything comming back on me cause she didnt do her part.

That is very unlikely to happen. If you want to try and go this route, you will likely want to retain an attorney, and your attorney can review all of the facts of your situation and advise you accordingly.

If your plan is to try and get the property outright, it may be cheaper (depending on her age) to simply try and buy out her rights to the life estate. You could try and work out a price for her to abandon her interest to the property, you might be able to negotiate something cheaper than a full-blown lawsuit.

 

[Lurkin]

That is very unlikely to happen. If you want to try and go this route, you will likely want to retain an attorney, and your attorney can review all of the facts of your situation and advise you accordingly.

If your plan is to try and get the property outright, it may be cheaper (depending on her age) to simply try and buy out her rights to the life estate. You could try and work out a price for her to abandon her interest to the property, you might be able to negotiate something cheaper than a full-blown lawsuit.

oh it'll take a lawsuit. she wont give up anything on her own. i was just hoping that her failing to comply with the rules written in the contract would be enough to void it and get her name off. we have tried to help her and she gets mad. i mean she has no money for a lawyer.

 

[Dandy Don]

Get the judgement so that in the future, IF she starts working or comes into another source of money you will be able to have legal grounds to garnishee her wages or attach her bank account.