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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 17441
Experience:  B.A.; M.B.A.; J.D.
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If an elderly couples expenses are being paid by the income

Customer Question

If an elderly couples expenses are being paid by the income provided by the rent profit generated by their life estate, can their son in law and their daughter who lives at the property which is the life estate, all of a sudden stop paying the elderly couples bills with the income from the rent roll which was being done all along? The profits of the life estate are to be used to pay the expenses of the elderly couple. This must continue and the son in law is trying to force the parents to pay their own bills in another way wihtout using the proceeds generated from the rental income. is that right?
Submitted: 1 month ago.
Category: Estate Law
Expert:  David Stewart replied 1 month ago.

Hello: I am sorry you are having trouble with your Life Estate and getting expenses taken care of by your son in law. The answer to your question depends on what your life estate documentation says in regard to paying your bills from the income. I also need to know who the trustee of the life estate is in the documentation. If it is your daughter in the documentation which I would guess it is she has a fiduciary duty to you and your husband to pay according to the documentation. If she fails to do that she can be held personally accountable to do that in court but I would think you can avoid that with a phone call and/or letter explaining to her of her duty in this instance. Please check to see if you have the documentation and let me know what it says on these matters. All the best, David

Expert:  David Stewart replied 1 month ago.

I just realized you are in Canada. I am going to opt out to leave this open for a Canadian lawyer. There is likely law around life estates in Canada I will not know. Here is a link that explains life estates in Canada as well for your reference.

http://www.notaries.bc.ca/resources/scrivener/winter2008/PDF/WillsandEstate-winter2008-80.pdf

Customer: replied 1 month ago.
We are in USA
Expert:  Phillips Esq. replied 1 month ago.

A different Professional here.

Your Questions:

If an elderly couples expenses are being paid by the income provided by the rent profit generated by their life estate, can their son in law and their daughter who lives at the property which is the life estate, all of a sudden stop paying the elderly couples bills with the income from the rent roll which was being done all along?

Response 1: No. The elderly couple expenses must continue to be paid as usual from the proceeds of the life estate. Otherwise, the elderly couple can seek a Court Order to dissolve the life estate and take back their property.

The profits of the life estate are to be used to pay the expenses of the elderly couple. This must continue and the son in law is trying to force the parents to pay their own bills in another way wihtout using the proceeds generated from the rental income. is that right?

Response 2: No, it is not right. See my first response.

Customer: replied 1 month ago.
If the daughter in law was previously physically paying the bills on this rental property which the daugher in law lives in and also the life estate owners primary residence, with the rental income from the proceeds of the life estate and now the son in law is dictating that the rental income will not be paying the bills at their primary residence either and they have stated this in emails.... is this enough evidence to merit a removal of the life estate?
Customer: replied 1 month ago.
I don't think there is a trustee on the life estate.
Expert:  Phillips Esq. replied 1 month ago.

. is this enough evidence to merit a removal of the life estate?

Response: No. They must actually follow-through with their threat not to pay in order for the life estate owner to claim damages.

A 5-star rating to my response is appreciated so that I can receive proper credit for responding to your post. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation.

Customer: replied 1 month ago.
The attorney wrote a letter to them two weeks ago and wrote to return all calls and questions to him in regards ***** ***** matter and the daughter verbally phoned the other tenant to send the check to the parent who owns the life estate and the tenant called the spouse of the daughter saying he didn't feel comfortable sending the check to the owner because of "issues" going on there. The attorney said for the landlord now to send the letter claiming the rent immediately for Nov and that October is overdue. The daughter and spouse have not given any rent to the life estate owner but they might claim that they are paying bills with that money since the life estate owner has not been paying them for over a year while living with another adult child. (The daughter married the families part time caregiver and after marriage began to insist the elderly parents who's daughter lived together in the same house for 20 years, could NOT return to their home while they were sno birds in another state because the daughter "relapsed" )
Expert:  Phillips Esq. replied 1 month ago.

Thank you for the information. It appears from your follow-up post that this matter needs to be taken to Court for resolution. The life estate owners need to file lawsuit to enforce their rights.

Customer: replied 1 month ago.
Oh no.. Wouldn't evicting the daughter and her spouse from the premises be easier? The life estate owner is writing a letter now to demand rent from the tenant. The life estate owners other son who is now one of two owners of the property will also explain that they are expecting compliance from the tenant in this matter and are managing their parents affairs. That should satisfy the tenant who was made to feel weary to send the rental income to the life estate owner. The new letter should clarify this.
Expert:  Phillips Esq. replied 1 month ago.

I may have misunderstood your post. Kindly clarify.

Who has the remainder interests in the property?

I understand that the parents have life estate, but who have the remainder of the estate after the passing of the parents?

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