Posted on: 24th Jun, 2008 12:39 pm
what are the grantees rights in a quit claim deed but reserving a life estate?after my father-in-law passed in march 2006, my wifes mother wanted to give my wife her house when she passes. mom said that her and dad had talked about it but he got too sick too fast to get to the lawyers office. my wife made a decision early in her life to make her parents part of her everyday life. visiting almost every single day. there are 9 other siblings that come around once a year for chrisrmas or if they need money.
mom went down to her lawyers office and they did a codicil giving the house and it's contents and auto to my wife upon moms passing. the other siblings had a fit when they found out. she also made my wife and one of the sisters joint power of attorney.
mom and dad had lived in this neighborhood for a long time and mom was watching her neighbors homes getting ransacked by their families when they got older or passed away. mom didn't want this happening to her home so she went back to her lawyers and did a quit clim deed but reserving a life estate.
she fell and was put in the hospital and while in there the rest of the family did exactly what she didn't want. they removed everything from the home and put mom in an assisted living apartment. the other sister had gone out on her own and got mom to sign another power of attorney with only her name listed.
then we received the court documents that the sister was suing us on behalf of mom to get guardian and conservator and the quit claim thrown out. she listed 52 allegations against us for physical and mental abuse, embezeling monies and other outragous claims! they are using moms money to pay for all of this. since november, they have spent over $45,000 of her retirement money! they even got an order that me and my wife can only have supervised visitation for one hour, two day a week. my wife is devastated. her parents have always been most important in her life.
i forgot to add that mom has or had around $300,000 including another small home that another sibling lives in.
i realize that was a lot of background for the questions i have. i think i may have been venting, sorry.
we didn't really know the full impact of the life estate until now. we never envisioned mom anywhere else but in here house. now we think they want to rent moms house out until she passes.
we thought that we as owners of the home, we needed to be taking care of it now. we have been snowblowing in the winter, put plants in the windows to look lived in, mowing lawns and gardening. hoping to get mom home again. we didn't know that they actually have the right to the home right now. i guess they got free labor for awhile!
1. what are our rights as the owners of the home?
2. can we demand 6 mo. inspections & reports on the home?
3. should we have an inspection performed?
4. who is responsible for the taxes and insurance.
once again, sorry this is so long. thank you very much in advance for any help.
mom went down to her lawyers office and they did a codicil giving the house and it's contents and auto to my wife upon moms passing. the other siblings had a fit when they found out. she also made my wife and one of the sisters joint power of attorney.
mom and dad had lived in this neighborhood for a long time and mom was watching her neighbors homes getting ransacked by their families when they got older or passed away. mom didn't want this happening to her home so she went back to her lawyers and did a quit clim deed but reserving a life estate.
she fell and was put in the hospital and while in there the rest of the family did exactly what she didn't want. they removed everything from the home and put mom in an assisted living apartment. the other sister had gone out on her own and got mom to sign another power of attorney with only her name listed.
then we received the court documents that the sister was suing us on behalf of mom to get guardian and conservator and the quit claim thrown out. she listed 52 allegations against us for physical and mental abuse, embezeling monies and other outragous claims! they are using moms money to pay for all of this. since november, they have spent over $45,000 of her retirement money! they even got an order that me and my wife can only have supervised visitation for one hour, two day a week. my wife is devastated. her parents have always been most important in her life.
i forgot to add that mom has or had around $300,000 including another small home that another sibling lives in.
i realize that was a lot of background for the questions i have. i think i may have been venting, sorry.
we didn't really know the full impact of the life estate until now. we never envisioned mom anywhere else but in here house. now we think they want to rent moms house out until she passes.
we thought that we as owners of the home, we needed to be taking care of it now. we have been snowblowing in the winter, put plants in the windows to look lived in, mowing lawns and gardening. hoping to get mom home again. we didn't know that they actually have the right to the home right now. i guess they got free labor for awhile!
1. what are our rights as the owners of the home?
2. can we demand 6 mo. inspections & reports on the home?
3. should we have an inspection performed?
4. who is responsible for the taxes and insurance.
once again, sorry this is so long. thank you very much in advance for any help.
You do not own the house yet; the mother has a life estate. The life estate owner has responsibility for taxes and insurance.
Since the siblings have filed a court action, you need to hire an attorney immediately and respond to the lawsuit.
Since the siblings have filed a court action, you need to hire an attorney immediately and respond to the lawsuit.