Estate Law Questions? Ask an Estate Lawyer.
The man who is in my Mom’s home in a life estate is fixing to allow his foster daughter to live there and has a history of drug use She also has 2 young children and going through a nasty divorce with 4 restraining orders during this time for domestic violence. AS the remainderman I do not want this to happened and KNOW it will damage the home, lower it’s value and cause the risk of violence at my family home. This man knew my mother 2 years before she died and it is still hard to believe she let him live there after being with my father for 45 years.
I want to let him buy it and need to figure the amounts.
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1) If we decide to send a legal letter through an estate atty stating his foster daughter with the current drug history, vilolence, little kids and risks involved to the home cannot take place..... do we have a good case? in your opinion. Thank you
Unfortunately you cannot prevent or limit his use of the property in any way. Until there is physical damage sufficient to cause a decrease in value then you have no case against him with regard to the property. In fact, it would be fine if she damages the property so long as he repairs within a short period of time so as to have the property retain it's value.
I am confused, I thought I had the right to also protect MY interests in the home since it comes to me. The man with the life estate living there is 80 years old. HOW will I even know what has occurred. I have read the divorce which is public record and do not want this risk to my inheritance.
What I have read in articles tells me that as remainderman, the life tenant is supposed to keep me informed of any changes or risks to the home. I am not totally out of the picture.
Thank you. But your answers leave many questions and no direction for us. We will seek out an attorney and get answers.
"Not sure what you mean. I gave you the direction of yes, you can offer to sell or buy him out. I also stated that you cannot take proactive action but can take action if he in fact does something that were to damage the property”.
How can we know there is damage to the property to make sure he is taking care of it. When the Life Tenant sold is little home he had, after moving in with my mom, he had rotten wood all over his house, water damage, plumbing issues and more. He tried to fix it all himself and did not pass a repeat inspection and HAD to call in a professional. This is proof that he will not take care of the home and NOW his foster daughter who uses drugs and has ALL kinds of issues and documented violence and 2 small children in the home. There has to be some way to protect my family home . I NEED TO KNOW THE HOME IN IS GOOD REPAIR NOW. That is the direction I need help with.
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