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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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HI. I am the remainderman to my Moms home. She allowed a

Resolved Question:

HI. I am the remainderman to my Mom’s home. She allowed a life estate for her boyfriend of 2 years when she passed. My father and my Mom were married 45 years and 2-3 weeks after my Dad dies this old friend showed up and moved in with my mother. He was after what little she had. She NEVER married him. She was just scared. She never wanted the house rented, just as long as he lives there.

The boyfriend has been in the house almost 4 years now. He has turned 80 and his foster daughter went through a violent divorce and has 2 kids. He planned on letting them live with him since she lost her job due to drugs. We contacted an attorney to send a letter letting the LT know that at the time of his death anyone living there will have to leave and the home goes immediately to the remainderman. Also, that he can buy the house from the remainderman at a price we offered and that if does not want to purchase the home, since it has been 4 years, we need an independent inspection of the home to make sure it is in good repair, which is reasonable.

Right after the LT received the letter, he has since purchased another home and put homestead on is in HIS name only. The life estate home also has homestead. HE cannot have it on both. He has always been VERY ugly to me as remainderman and does not keep me in the loop regarding the home. IF HE HAS HOMESTEAD IN ANOTHER HOME, isn’t he giving up the life estate? Your view ?? What are my rights in this situation. THANK YOU
Submitted: 2 years ago.
Category: Estate Law
Expert:  John Elder replied 2 years ago.
Welcome! Thank you for your question.

The claiming of a Homestead exemption and Life Estate Ownership are two entirely different things. Life Estate is actual ownership of a piece of property for a period of time (his life). This ownership is not given up until he dies or deeds his life interest to someone else to own for the remainder of his life.

If he is not living there you do have a right to assure that he is doing all he can to secure the property and keep it up. If he fails to keep it up then you can sue him for "waste." Waste is damage to the property to your detriment.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Customer: replied 2 years ago.

He cannot deed his interest to anyone since I am to have the home when he dies. This is not a liberal life estate it is a traditional life estate. The will states that when he dies, the home goes immediately to the remainderman. My name is on the deed so he cannot deed it elsewhere.


Why would you say this ?

Expert:  John Elder replied 2 years ago.



There is no such thing as a liberal life estate and traditional life estate.


His life estate is what you have described. Please read my answer carefully. He can deed his life estate interest. He cannot deed your remainder interest. Even if he transfers his interest to someone else to use while he is alive, you become the full owner immediately after his death.


I would ask if there is something unclear about my answer for you to reply to me before you give me a negative rating.



John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
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