9 years ago my dad passed the title of the house to me with my dad having a life estate. this was done because my sibling wanted to throw me out of the house and wanted to move in with his wife and kids with my dad. My dad did not trust my sibling and felt since I was taking care of him he wanted me to have the house when he passes on. Now my sibling has said he will sue me for the house. I know its all threats but a lawyer told me that even though my dad gave me title deed to the house and willed the house to me my sibling can sue me because he can put a claim on a life estate. so my question is what are my rights. can I once again be threatened to be thrown out the house that I live in with my dad?
2006-08-15 18:59:04 · 9 answers · asked by Joequest 1 in Politics & Government ➔ Law & Ethics
been to a couple of lawyers all contridicted each other all said my brother most likely will sue me and get half the house regardless that the title deed of house was passed to me 9 years. I think im being jerked around with the advice of lawyers I went to,it seems like they are making suggestions as a way to make money.
Isn't Law standarized??? Can my brother sue me constest my dads will and get half the house???? where in Gods name you find a good Lawyer????
2006-08-18 01:18:22 · update #1
When your dad died, the life estate died with him and the property passes as directly to you as the record title holder. A life estate is only good so long as the life-in-being, you dad, exists. If your father were still alive, then he could have a claim to a share of the life estate, but upon his death, basically all your brothers rights to the house died with him. It should be your free and clear as the titel holder.
2006-08-16 06:26:58 · answer #1 · answered by Curious 2 · 0⤊ 0⤋
In just about every jurisdiction, a life estate terminates with the life of the person holding it.
It doesn't matter who has a claim to it, whether it's sold or conveyed, or adversely possessed, or mortgaged. Once the person who holds the life estate dies, the estate terminates. Until that point, however, the life estate remains in existence and any of those things (or more) can happen to it. But the life estate still only lasts for the life of the original holder, and then passes to the remainder-man (according to the terms of the conveyance).
That's the way it's taught in every law school around the country. I'm sure that some states may work differently, which is why each state licenses its lawyers separately.
You should speak to your own lawyer about this issue, someone licensed in your state and familiar with its particular property laws.
2006-08-15 20:07:02 · answer #2 · answered by coragryph 7 · 2⤊ 0⤋
The above answer is absolutely correct (10 points to him). The impact is simply this.
With a life estate, the Dad passed legal title as follows: The legal ownership of the house changed. Dad had an absolute right to possession of the property until he died (the life estate). He could encumber only the life estate (not the remainder). He no longer had any ownership interest in the property after his death.
He could have put the property in a revocable trust (where he could change the disposition), but in passing title, he passed ownership before his death.
You should talk to a lawyer, but since the title passed 9 years ago, you have owned an "interest" in the property for nine years, and now have the exclusive ownership of the house (subject, of course, to mortgages and encumbrances of record).
I think you are in good shape.
You should, however, talk to a real estate lawyer in your state, as laws vary from state to state, and this is intended as a mere overview of the issue, and cannot substitute for legal advice, which can only be rendered by an attorney licensed in your state.
2006-08-16 01:20:07 · answer #3 · answered by robert_dod 6 · 0⤊ 0⤋
As long as she is alive and living there she is responsible for taking care of things and paying the bills. All six kids will inherit after her death. Is there something that has happened recently that would keep her from being able to maintain the property and pay the bills? It might be in all of your best interest to help her out if need be so that the property doesnt become too run down or auctioned off for back taxes. Since none of you live in town or have a relationship with her you may have to have an attorney contact her about the matter.
2016-03-16 22:49:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Check the deed to the house to see if it has the statement," right of survivorship." You said your father is still alive, have him check with his lawyer about the deed and his estate.Your best bet is to contact an estate attorney, your father may have to leave your brother a small amount of money.I went through the same thing before my mother died, and I know how stressful this time is for you. God bless you for what you are doing.
2006-08-22 15:53:00 · answer #5 · answered by hollyltstarfleet 4 · 0⤊ 0⤋
if my brother has life estate and I m listed as the reminderman man can I move in without his agreement
2015-03-28 07:29:57 · answer #6 · answered by Wade 1 · 0⤊ 0⤋
CJ !
Dunno why my private reply kept coming back w/ an error msg.
Never mind that.
Here u have several excellent answers, better by a mile than the one I gave u in email.
Please take heed and talk to an expert.
Best wishes 2 u.
Thad
2006-08-18 07:00:59 · answer #7 · answered by Anonymous · 0⤊ 0⤋
coragryph is quite astute...hey coragryph can u help me sue my old boss for mobbing discrimination and harrassament?
2006-08-22 12:36:44 · answer #8 · answered by kewl69charger 4 · 0⤊ 0⤋
nope
2006-08-22 07:10:11 · answer #9 · answered by Yogaflame 6 · 0⤊ 0⤋