D
davala
Guest
(State of Kansas)
My Grandmother purchased a new property in a Condo assoc. in 1982, and remarried in 84. She passed away in 1990 and stated in her will hat her home was left to her three children and gave her new husband life estate until he remarried.
However, the deed that she signed simply states that he has life estate, and says nothing about until he remarries.
Her husband remarried 94, and was allowed to remain in the property with his new wife, with permission of the three children & he continued to pay, taxes, insurance & maintenance on the property, he was not charged any rent and no lease was drawn up.
However as of 11/2000 there is a $6,500 bill due for siding from the condo association. He stated that he will not pay for the repairs and maintenance and that is was not his responsibility. So he was verbally asked to leave the property and given until 2/2001.
He quickly moved out over Thanksgiving, sent the tax bill, siding bill & insurance bills to the three kids, and had the water disconnected.
He then retained an attorney, and now refers to the deed and says he has life estate wants to move back into the property, or he wants to rent the property and take all of the proceeds, or he wants 1/4 of the proceeds if it is sold. (He has not decided which he wants and it is his son that is pushing this)
In addition, he did not maintain the property and the three children have additional bills/estimates of $3,000 over and above the siding bill to repair and clean the mess that was left.
Which will hold up? The will or the deed?
Did he give up what ever claim he may have had as he did not maintain the property, or pay for repairs, and refused to do so?
Please advise, if the three kids would have charged this man rent over the last 6 years they would have had well over $50,000 in there pockets, something this man is well aware of, and now he is trying to milk them for more.
My Grandmother purchased a new property in a Condo assoc. in 1982, and remarried in 84. She passed away in 1990 and stated in her will hat her home was left to her three children and gave her new husband life estate until he remarried.
However, the deed that she signed simply states that he has life estate, and says nothing about until he remarries.
Her husband remarried 94, and was allowed to remain in the property with his new wife, with permission of the three children & he continued to pay, taxes, insurance & maintenance on the property, he was not charged any rent and no lease was drawn up.
However as of 11/2000 there is a $6,500 bill due for siding from the condo association. He stated that he will not pay for the repairs and maintenance and that is was not his responsibility. So he was verbally asked to leave the property and given until 2/2001.
He quickly moved out over Thanksgiving, sent the tax bill, siding bill & insurance bills to the three kids, and had the water disconnected.
He then retained an attorney, and now refers to the deed and says he has life estate wants to move back into the property, or he wants to rent the property and take all of the proceeds, or he wants 1/4 of the proceeds if it is sold. (He has not decided which he wants and it is his son that is pushing this)
In addition, he did not maintain the property and the three children have additional bills/estimates of $3,000 over and above the siding bill to repair and clean the mess that was left.
Which will hold up? The will or the deed?
Did he give up what ever claim he may have had as he did not maintain the property, or pay for repairs, and refused to do so?
Please advise, if the three kids would have charged this man rent over the last 6 years they would have had well over $50,000 in there pockets, something this man is well aware of, and now he is trying to milk them for more.