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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7310
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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I am my mothers only caretaker. she is 89 years old has a

Customer Question

i am my mothers only caretaker . she is 89 years old has a life tenancy in her home cause she did the estate planning years ago and left her home to her daughter, my sister. my sister tried to have my mother evicted because my mom refused to pay her rent . my sister claims she cannot afford to pay the real estate taxes on the home and insurance on the home and the home will go into tax lien sale. my sister and her attorney have schedueled a compliance conference in about two weeks. what suggestions can you give me in order to get my sister to sell the home and allow my mom to receive some money from the sale in order to be able to take care of my mothers needs going into her nineties now ? are there any laws that i can claim money from the sale of the home so i can legally receive a sum of money to be able to take care of my mom ? as i said, only i am taking care of my mom ! someone told me i am entitled to a caretakers allowence , is this true ?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

Your mother is still living so I will presume that she deeded the home to your sister while retaining the life estate.

You say Sister and her attorney have scheduled a "compliance conference", and I don't know what that refers to. Is there a court proceeding going on with regard to your mother? Yes, you would be entitled to a caretaker's allowance, but what fund will it be paid from? A tax sale would wipe out mother's life estate, and any overbid would go to your sister as the owner of the fee simple title. Someone has to pay the taxes and insurance for your mother so that the home is not lost. If you can do so, then it will at least prevent your sister from evicting your mother out and selling the house herself. This was obviously not a very good estate plan on the part of your mother.

Customer: replied 1 year ago.
the sister has an appeal in for the first decision that was rendered which the judge ruled that -" forced eviction is not an option", but he would not go so far as returning the home to my mom, which we had requested. isn't sister forcing mom out by saying she can't pay the taxes ? wouldn't she have to prove that she can't afford to pay those carrying charges, such as provide tax return information ? or does the court just take her word on it ? and the caretakers allowance that i could receive couldn't that come out of the sale of the home ?
Expert:  Irwin Law replied 1 year ago.
The problem is that if the home is sold, voluntarily with mother's consent or involuntarily by tax sale, the proceeds go to your sister. Would she agree to place them in trust for your mother's care? In what kind of case are you before a judge? A small claims court eviction? A guardianship/conservator proceeding? If sister is lying about not being able to pay taxes in order to defeat the life estate, it may depend on what kind of court proceeding she is in. I think that the best way for me to communicate my thoughts from this point is by personal contact, which I offered previously. It will be much easier to get more facts and discuss options if you would accept the offer of additional services.