Life Estate Questions

[juanquapha]

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

I am currently living in a home of which I am the Interest holder (the house is deeded to me but with the right to a life estate being held by my grandfather) He was recently put into a long term care facility permanently. His Pension and SSI will be going to the Nursing home as of 8/1/12 he has paid all of the bills at the house up to current as of 8/1 as well. Being that I am living here I will need to change the bills into my name, and also start paying property taxes and Insurance for the home, or so I am assuming. here are my questions.

1) Since he can no longer afford to pay the taxes on the home does that make his Right to a Life Estate Void/Terminate? If not, when he passes, if the taxes are unpaid do I become responsible for them?

2) There is someone else living here in the home, My Drug using Mother, I dont want her living here with me, when the house is transferred to my name as sole owner/possessor do I have the right to just throw her out? She isnt paying rent to me or my grandfather would she still have "tenant rights" meaning that I would have to evict her (I will have a ton of questions if this is the case, perhaps a link to some information about the eviction process would be sufficient)?

3) I have tried to contact the Lawyer who set up the Life Estate, she has not called me back as of yet, is there a way to get a copy of what exactly the life estate says from somewhere online?

I have access to the Deed if it helps , it reads

"I < grandfather > , Of < street address > , Essex County, Massachusetts, for consideration paid, but no monetary consideration, Grant with quitclaim covenants, to my grandson < my name > Of < my address > , All of my right, title and interest in the land located at < street address > , Together with the building there on, being shown as < location in the registry of deeds > , Subject to the rights, powers and interests reserved to myself, < grandfather > , Under my reservation of the rights of a life estate in said property, which is more particularly bounded as follows... < Homes location , signature , notary , etc. >"

Any advice or information, would also be greatly appreciated. Thank you.

 

[tranquility]

1) Since he can no longer afford to pay the taxes on the home does that make his Right to a Life Estate Void/Terminate?

No. If the taxes are not actually paid, you could sue for waste. But, suing the grandfather who gave you a remainder interest in his home and allowed you to use HIS possession is probably not going to get a lot of sympathy in a court of equity. However, if he has no money to pay taxes, he won't be able to pay you. If I were to represent him, I'd tell him to rent out the house to a PAYING tenant and evict you.

If not, when he passes, if the taxes are unpaid do I become responsible for them?

In theory, his estate is liable for the taxes. Since there will be nothing in the estate, the government can take the property. If you want them to not take the property, the only thing you can do is pay the taxes.

2) There is someone else living here in the home, My Drug using Mother, I dont want her living here with me, when the house is transferred to my name as sole owner/possessor do I have the right to just throw her out?

If she does not have any ownership, you may evict her using unlawful detainer.

She isnt paying rent to me or my grandfather would she still have "tenant rights" meaning that I would have to evict her (I will have a ton of questions if this is the case, perhaps a link to some information about the eviction process would be sufficient)?

See an attorney.

3) I have tried to contact the Lawyer who set up the Life Estate, she has not called me back as of yet, is there a way to get a copy of what exactly the life estate says from somewhere online?

Your copy of the deed. Well, there it is right there. Do you have a question?

 

[juanquapha]

Thank you Tranquility!

Well, that about answers all my questions. I sure as hell am not going to sue my grandfather, that's preposterous! I would agree that he would do better to rent it at that point. I guess the focal point of my questions was the fact that my mother is living in the in-law apartment, and will probably not be willing to help me pay the taxes/insurance, but she was given the same right to live here by my grandfather as I was. She might be going to jail in the next few months for a Second Offence Class A Possession charge, which would solve my problem of having to live with her without causing too much of a ruckus. But as I understand it either I move out and let her live here while I pay all the Taxes and Insurance (or not my choice), or I *ask* her to move out and she can tell me she is unwilling at which point I have no legal way to remove her from HIS home unless my grandfather says he wants her out. Right?

It would appear that I dont have a whole lot of legal standing and I am not sure I can afford to pay the taxes and live at another location, Ugh.

~Jon

 

[LdiJ]

Thank you Tranquility!

Well, that about answers all my questions. I sure as hell am not going to sue my grandfather, that's preposterous! I would agree that he would do better to rent it at that point. I guess the focal point of my questions was the fact that my mother is living in the in-law apartment, and will probably not be willing to help me pay the taxes/insurance, but she was given the same right to live here by my grandfather as I was. She might be going to jail in the next few months for a Second Offence Class A Possession charge, which would solve my problem of having to live with her without causing too much of a ruckus. But as I understand it either I move out and let her live here while I pay all the Taxes and Insurance (or not my choice), or I *ask* her to move out and she can tell me she is unwilling at which point I have no legal way to remove her from HIS home unless my grandfather says he wants her out. Right?

It would appear that I dont have a whole lot of legal standing and I am not sure I can afford to pay the taxes and live at another location, Ugh.

~Jon

Is your grandfather of sound mind? A life estate can be relinquished by your grandfather, if he is of sound mind.

 

[juanquapha]

Is your grandfather of sound mind? A life estate can be relinquished by your grandfather, if he is of sound mind.

Unfortunately, no, but He has a POA, would they be able to do such a thing?

 

[LdiJ]

Unfortunately, no, but He has a POA, would they be able to do such a thing?

I would not do that without getting an attorney involved. There is an advantage to your grandfather in relinquishing the life estate as he would no longer be responsible for property taxes, insurance and upkeep, but it would need to be handled very carefully if not done directly by your grandfather.

 

[tranquility]

Including any medicaid risk potential for asset dissipation.