My mother is unfortunately terminally ill and has life estate at a home in which I am the sole remainder. My mother has been living away from the home for the last few months and will not be returning to the home. Do I have any right as to enter the premises and secure it and prevent neglect and waste? This would seem reasonable considering I have a future interest in the property. It’s not as simple as asking my mother for permission; she is in the care of disgruntled family members who have already taken everything from my father who died only a few months ago. I just thank God that I have a copy of the official deed that is filed at the court house stating that I am the sole remainder. So please give me some advise (I know I need to talk to a lawyer, but every time I call the lawyers in the area of the property, they are busy)...so your advice will be greatly appreciated.
2006-10-30 01:34:52 · 6 answers · asked by Pandora 2 in Politics & Government ➔ Law & Ethics
In Response to "It's Me": You may think that it is that simple, for me to bypass the disgruntled family members and get right to my mother; I only wished. They are twisted and psychotic...they know no limits and have no sympathy. You may think my main focus is on the property and nothing else but I assure you that is not the case. When my father died and I told myself not to concern myself with dad's material things, and what happened to me...my family perused my dads things before I even knew he was dead. I never saw one fabric of my dads belonging's and it's not like dad wanted me to have nothing. So I learned my lesson and note that my mother is not her self now, my disgruntled family members are her voice and if I don’t stand against them they will destroy the only thing that my mother and I shared, I owed the property in the first place and gave my mother life estate so she could never be kicked out by other family members. I just want back what’s mine.
2006-10-30 01:55:58 · update #1
My advise to you is go ahead and secure the property. Change locks, etc. You have the right to do that. If you wait for permission from other family members, they will just abuse you and take away anything that is not nailed down. So, have the guts to do whatever is in your interest.
2006-10-30 01:39:13 · answer #1 · answered by seek_fulfill 4 · 0⤊ 0⤋
Unless the document giving your mother her life estate in the property which you refer to as the offical deed also specifically gives you any interest at all in the property after your mother passes on - you have nothing. Zilch!
As far as looking after the property now while she is in the hospital I think that as a "relative" you could safely look after it but it would not be any guarantee.
And you are right. You do need an Attorney/Lawyer and as quickly as possible!. Call the Local Bar Association - or the closest one to you and ask for a reference who would be knowledgeable of real property/probate law - who would be willing to assist you.
Good Luck.
2006-10-30 09:45:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Are you saying that your mother has a life estate in the property and the remainder vests in you at her death?
If you have a copy of the deed, then I would think that you would be within your rights to go into the house to inventory everything that will pass to you. that would be the easiest way to protect yourself.
2006-10-30 09:44:47 · answer #3 · answered by BigD 6 · 0⤊ 0⤋
if you're the sole remainder, then it would be your right to go ahead and secure the property. don't let your relatives push you around; what you're doing is within the law. what i would do is try to get some alone time with your mom and talk about it with her, set up an appointment with a lawyer to discuss the legal end of things, and just from there.
good luck with everything!
2006-10-30 09:46:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
well, the deed is going to be in your name so you have to give permission for anyone to be in that house, and you are most deffinitley allowed in the house. and as for the disgruntled family members, if they go on the property, thats tresspassing and they can go to jail.hope that helped a little
2006-10-30 09:38:42 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Are you telling me you don't get any one to one time with your mum?? Seems like you are more interested in her property than her....just like that disgruntled family...go and be by your mum...you will be losing her soon...you are never gonna get these last moments with her again.
2006-10-30 09:39:25 · answer #6 · answered by ♥♥♥GODDESS♥♥♥ 5 · 1⤊ 0⤋