Mother no longer able to maintain property; what should I do?

Question

I gave my mother “Life Estate” at a property I own. She is now terminally I’ll and is under the care of a disgruntled sister of mine. I can not find out the status of my mother nor if did know would I be allowed to see her. My sister is probably under the assumption that she will take the house and property (new) when my mother passes. My mother was always scared to tell my sister that I owned the property and that the only thing she (my mother) had was “Life Estate”. My concern is that my mother has been living away from the property fro months now. By all indication she will not returning to the property. I spoke with some lawyers and all told me that it was my responsibility to protect my future interest.

I worry that if I go onto the property to protect and maintain it that my sister will try to claim she is speaking on behalf of my mother and attempt some twisted means as to say I am going against my mothers wishes. The lawyers told me not to worry about her, even if she has power of attorney; as they said” she has no dog in the fight”. They even said “if it were them” that they would go kick the door in - since they have changed the locks on me and re-change the locks.

But what would keep my sister from going onto the property after that and saying she had to get in the house for something of my mothers and re-changing the locks again.

This is so frustrating because I’m not by any means trying to keep my mother from the house because I have not changed about the way I feel about my mother…I gave her life estate to make sure she would always have a place to stay. On the other hand I know that my mother can’t return to the home nor will my sister let her because my sister lives in another county away from the home that my mother has life estate in and she wants my mother there with her for more reasons other than normal family care. My sister is ruthless and PLEASE don’t think its because I’ve not tried, I understand perfectly at time like these it’s important to get along. My father just passed away a few months back and she took everything before I knew he was even dead. All I want is to make sure that if she finds out she has no rights to the house because I own it, that she doesn’t go and demolish it in attempt to to see that no one ever beenefits from it if she can't.

Answer 1

I dont know where you are from but here in the states your sister could or can not keep you from seeing your mother if your mother wishes to see you. Second if the property is in your name still then you have every right to it and your sister cant say a word. Well she might say a word but she wont be able to do anything. I wish that your mother could get better but you said she is terminal and I really dont like saying this but I guess you have already pretty much prepared yourself for her passing when she does pass away if she didnt make a will anything that was or is in her name will go into probate and if there are any outstanding bills what ever is in her name will be sold to pay the bills and what is left divided between her children. If the property and the house are in your name you have nothing to worry about other than making sure that there are no deliquint taxes owed or anything else in which everything could get repoed. I dont know what kind of lawyers you are talking to but they dont sound very helpful. If you have the paperwork on the property and house then I would just go to the local police with the paperwork and have one of them go with you so you can check on the place and you can go to court to have your sister kicked out if she is living there. I cant think of the name of the organization right now but I know In california if a family member is not allowing you to see your mother or whoever it may be they will go with you and make sure you area able to visit with the person. I would defintily get in to see your mom if I were you so you can find out if she has a will or not.

Answer 2

My understanding of a life estate is that it is strictly for the recipient during their lifetime. Once they pass away, it returns to the original owner. As I understand it, even your mother cannot "will" it to anyone else. Your sister may think she is going to inherit, not knowing how a life estate works, but I really don't know how it could possibly end up in her hands. You might want to consult a real estate attorney and see if their is an extra measure or two you can take to ensure the property comes back to you. Honestly though, I think sis is in for an unpleasant surprise. I can't tell by your post if sis and mom are both living in this property, which would present a special set of problems trying to get sis out as long as mom is alive. I would strongly urge you to get mom into some type of care facility and give sis the boot so you can take care of the property. Can you get power of attorney over mom's affairs? If you do, keep in mind there are different kinds, limited and something else. Get the something else one.

An attorney cannot tell you WHAT to do, they can only give advice and it sounds like what they are telling you is good advice. Go to the property, change the locks, and get a restraining order on sis. SERIOUSLY. It will cost you all of $200 or less. DO IT NOW!

http://en.wikipedia.org/wiki/Life_estate

Good luck

Answer 3

If you are the owner of the property and your mom is just the life estate, there is absolutely nothing your sister could do. The life estate should state something like....As long as lives, right? So you shouldn't worry.

You're the owner. If your sister comes onto your property, you can have her arrested. If she breaks in, breaking & entering. You can go over to your house and have all the locks changed. If they give you a problem bring the deed of the property with you. Noone can transfer your deed, unless you sign for it.

So don't worry. Go claim your property.

Answer 4

The lawyers gave you the correct advice. If you are too afraid of your sister to act on it that's your failing.

As a life estate remainderman you have standing to petition the court for an order allowing you to enter & preserve the property & keep your sister from interfering. If you think that's going to cost a lot of money; then do nothing, let the house degenerate & see what it costs to clean up the mess after your mother dies.

Answer 5

I don't understand your doubt. If the property is yours, and your mother just has "Life Estate", there is no way your sister could make any claim of it. Unless you're worried she sets the house on fire...

Answer 6

those lawyers really didn't offer much. your sister can;t legally own your proprty, you have a deed, there are papers to show you're the owner you simply get a lawyer who has some brains and that takes care of that. unless your sister forges documents this should open and shut, you can have her arrested if she were to attempt that have a lawyer write a letter making it clear she is not to enter the proprty. she doesn't have a leg to stand on.

Answer 7

What is your question? It's your property...end of story

Answer 8

IT IS YOUR PROPETY GO DO SOMETHING ABOUT THT STUPID SISTER.