How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask John Elder Your Own Question

John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
18914223
Type Your Estate Law Question Here...
John Elder is online now
A new question is answered every 9 seconds

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 it...it 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: 1 year ago.
Category: Estate Law
Expert:  John Elder replied 1 year 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.

Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you cannot rate me GREAT please do not rate. Give me a chance to make it right by clicking REPLY TO EXPERT.

I appreciate your question and repeat customers. You can request me by beginning your question with "Dear XXXXX..."

Thank you,

John

Customer: replied 1 year 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 1 year ago.

Chuck,

 

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

John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
John Elder and 7 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.