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Ask Tina Your Own Question
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I don't want this published online. It's kind of

Customer Question

I don't want this published online. It's kind of complicated. An agreement was made between a grandson and his grandfather where the grandfather sold the home to the grandson on land contract and reserved it his lifetime (here in WV). In exchange for monthly payments and lifetime rights to live there from the grandson, the grandfather (GF) agreed to be responsible for maintaining insurance, taxes, and upkeep. GF was placed in a nursing home and his daughter was given POA and stopped upkeep, insurance, and payment of taxes. She turned off the utilities, let mold take over the basement, and left garbage in the basement. Grandson (GS) who lives in another state came home, cleaned it up, turned utilities back on, blew out water lines to winterize the house and then changed the locks on the doors to keep the daughter and GF's other children from undoing what he had done. When GF was placed in the nursing home the GS drew up a deed putting it into GS's name and GF agreed and signed it and it was filed at the county court house. So the house is now in GS's name and GF will be residing in the nursing home til he dies. GS did put in the deed that GF "has the right to live there until death", although GF will never be leaving the nursing home. Questions include 1. Does the deed now nullify the original purchase agreement conditions each had agreed to meet? 2. Does the way it is stated in the deed mean he "reserves" the home place or can it be interpreted to mean he can go back there to live WITH the GS (IF) there is a remote possibility he may ever want to go back, and not necessarily maintain exclusive rights to live there? 3. Does the fact that he is residing in a nursing home, and will be til he dies, change anything? 4. Do the GF's children have a legal right to come and go as they please and is the GS required to give them a key? And fyi, the GS has told his aunts and uncles (GF's children) that they can get what they need/want from the house, they just need to make arrangements with him to do so. 5. Does the fact that GF and the POA have breached the original purchase agreement change anything?
6. Is the original agreement delineating each's responsibilities still binding on either of them? (In addition to the deed?)
7. Apparently the daughter has had the POA since around the year 2000, (when her mother died, who had paid all the bills) and has been taking care of paying some of his bills for the last few years. (The original purchase agreement was made, only between GF and GS, 3 years ago.) GF has bought and sold vehicles and conducted other business and paid some bills on his own. He is 89 but has his right mind. He has never been deemed incompetent. And in this state, I have heard, for POAs to be legitimate, they are supposed to be on record at the court house - not sure about that - or if it makes any difference to anything.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: WV
JA: Has anything been filed or reported?
Customer: Not sure I understand the question. The deed is on file, along with the original purchase agreement, at the court house.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of, unless it would be to let him/her know the aunts and uncles are harrassing him via emails and texts constantly.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 10 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 10 months ago.

Since you have a complicated question and do not want it discussed on line, you can select the premium service to speak on the phone. We can then speak on the phone about all the issues.

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