I own property in which I have given my mother life estate to. This was done by a deed through a lawyer; not a will and not self done. It is my understanding that:
*) Life estates terminate immediately upon the death of the life
tenet (my mother) and pass by law of operation to the remainderman (myself).
*** Situation: Mother is dying. We believe that my wifes sister; the only other child, has drawn up a will for my mother naming herself as executor.
* Question: Property does not pass through probate hence the only probatable assets would be the contents of the house (my mothers belongings). When mother passes, sister will for sure rush to the property to secure contents. How do I protect myself from her since I will own the property excluding the contents of the house. How do i provide her with the contents w/o her lying later saying I didn't give her everything. I have been told not to let her on the property w/o letters of testamentary. She is dramatic, how do I protect myself.
2007-10-02 01:09:04 · 7 answers · asked by bitter_shades_of_grey 1 in Politics & Government ➔ Law & Ethics
Doesn't she have to provide me with some documentation stating she has rights to the contents of the house. Honestly if there is someway that I can just give her everything and get it over with that would be great. However I know her and she will only attempt to complicate the situation. She has known for quite sometime that mother is dying and that she could go and get all her belongings, this is what an executor should do anyway to ease their duties after the death anyway. Since I own the property...I do have say to whom comes on the property (don't I) b/c its difficult to say who she will bring to the property will her when she decides to start the conflict. It would just make since to me if she could just provide me with documentation and have a innovatory list that her and myself could both sign off on stating that she has claimed all of mothers belongings and nothing else remains in the property that would be of the probate process.
2007-10-02 01:17:17 · update #1
Make sure you have homeowners' insurance in place with a generous liability coverage, because the scenario that is coming will include (1) "missing" personal property and (2) fall due to a "defective, dangerous and trap-like condition" that your sister will use in a ploy to take the house.
Change the locks and install an alarm system. This will get you some warning when your sister shows up to clean out the house and trash it into the bargain.
2007-10-02 01:40:29 · answer #1 · answered by Anonymous · 0⤊ 1⤋
"It is my understanding that:
*) Life estates terminate immediately upon the death of the life tenet (my mother) and pass by law of operation to the remainderman (myself)."
That is correct.
"*** Situation: Mother is dying. We believe that my wifes sister; the only other child, has drawn up a will for my mother naming herself as executor. "
O.K.
As to your question "how do I protect myself?" I assume you are referring to the Home. And in that case, although you don't state in what state/country you live, in the U.S. However, as you correctly surmise, your sister has no claim on the home IF the Life Estate was done correctly and title did NOT pass outside the LE.
You retain ownership and the sister has no valid claim on the home.
ADDED:
Even with Letters Testimentary she has no right to enter private property. Do as suggested and catalog everything that belonged to your mother. It will be best to turn this over to the probate attorney or your own attorney or a dis-interested third-party.
You are under no legal obligation to allow anyone on your property once your mother passes.
2007-10-02 08:16:39 · answer #2 · answered by hexeliebe 6 · 1⤊ 1⤋
Get your lawyer involved. Make sure they catalog everything in the house. Tell your mother its to help avoid conflict after she passes. No, do not allow her access unless she has the correct documentation and make darn sure that you let her know ahead of time that your attorney has done a complete inventory of the entire property.
In addition tell her that she is not allowed access without an escort. You have the right to do that since the property belong to you. That should deflate her some. If it comes right down to it, have the police present. Especially if you think she is going to blow up or make threats.
2007-10-02 08:23:56 · answer #3 · answered by Anonymous · 1⤊ 1⤋
A will would not supercede that document if indeed you were to reattain the property upon her death. If there is any question about this, you should seek counsel just to be sure. Also, even if your attorney assures you there is no issue, there might be a battle. WHen people die, it seems their relatives start battling over property. Your sister-in-law might try it and file suit that will be fruitless, but it will take a toll on your family nonetheless.
2007-10-02 08:20:11 · answer #4 · answered by Allison P 4 · 1⤊ 1⤋
Post "No Trespassing" signs on the property. Carry a video camera with you and film the contents. Record all of your conversations with the sister.
2007-10-02 08:18:25 · answer #5 · answered by regerugged 7 · 1⤊ 1⤋
It looks to me like the only thing you really need to be protected against is her taking a long time to get everything out. You're not going to reduce that by fighting with her over formalities.
2007-10-02 08:48:43 · answer #6 · answered by open4one 7 · 1⤊ 1⤋
Or else you may contact a legal expert online at websites like
http://askexpert.info/legaladvice.htm
2007-10-06 01:16:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋