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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33759
Experience:  Estate Law Expert
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Can an elderly parent revoke their Life Estate clause, after

Customer Question

Can an elderly parent revoke their Life Estate clause, after they have been admitted to a health care facility?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 11 months ago.

Does she have the life estate or did she deed the life estate to someone else?

Customer: replied 11 months ago.
The Life Estate is incorporated on the Warranty Deed in the first section with all the stipulations of the children that the home was given over too.
Expert:  Dwayne B. replied 11 months ago.

Here is the issue (and what I don't understand). If she gave a life estate to someone else, then she can't change her mind. If she retained a life estate for herself then she can give up the life estate and no longer exercise her option on it. I can't tell from your facts which one occurred.

Customer: replied 11 months ago.
Once again, she had "reserved unto herself a life estate". What was explained to us by the attorney that drew this Warranty Deed up for her, was the "life estate" was referred to serve the purpose of the children not to be able to "kick her out" of the home, obviously while she was still alive. Which we never would anyway. The situation is such, that my Mother living there was paying the full bills due, such as, electric, water, gas, taxes, insurance. According to the nursing home, no one can live in the home, that didn't live there prior to her going to the facility. It has been over two years and she wants us to sell the home since she will never go back there. CAN WE?? Is the nursing home entitled to any of the proceeds as Medicare and Medicade are paying her expenses at the nursing home. So, what I am understanding in your question, "did she give it up to someone else?" That answer would be, no. So, with her being already in the nursing home, from what I am understanding from you is, Yes, she can give it up, "revoke her name" from the deed. I am sure that this would have to be done leaglly by an attorney, right?
Expert:  Dwayne B. replied 11 months ago.

That was the language I was looking for. That means she still owns the life estate and can give it up if she chooses.

In order to sell the house you will have to get a document drafted that gives up her life estate but it is better to talk to the real estate agent and find out from the title company which document they want her to sign to give up the life estate.

It isn't unusual for someone in your mother's situation to give up their life estate if they know they are never going to go home again.