Can a daughter who gets guardianship of the life estate person sell the property when the son is the person the mother sighned the property to?

Are you saying that the mother assigned her home to her son taking back a life estate and now the daughter was granted guardianship of the mother and wants to sell the property?

Then no, she can't sell it. The mother no longer own it, the son does.

Thank you for your reply. My husband has been living in the home and taking care of his mom for at least 6 years and it was a surprise to him that she did this. We want her in her home but the daughter shipped her off to a nursing home when she already had good care with a pca.

How did his sister get guardianship?

Did she actually sell the house or just put it up for sale. Was the transfer and life estate registered with the county?

No she did not sell the house, she got temp guardianship using a bunch of lies.

Then the son needs to go to court to expose her lies and get the guardianship removed.

If Medicaid is paying for the nursing home, they can order the sale of the house. You have to hurry if you want to stop this.

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Originally Posted by joypulv

If Medicaid is paying for the nursing home, they can order the sale of the house. You have to hurry if you want to stop this.

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Probably not if the house was transferred to the son more than 2 years previously. The life estate doesn't constitute ownership.

The 2 year rule has been changed to 5.

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Originally Posted by joypulv

The 2 year rule has been changed to 5.

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Thanks, I thought I remembered it being changed, just didn't remember to what.

I get confused about life estate, If the life estate papers are over five years old can they sell the house if medicaid is used? Iit hasn't been used yet because my mother in law just went in the nursing home last week.

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Originally Posted by ScottGem

Probably not if the house was transferred to the son more than 2 years previously. The life estate doesn't constitute ownership.

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What is the difference between life estate and ownership?

Is there any confusion about whose name is on the deed, and when? It sounds like you need a lawyer right away, both for your MIL's rights to stay in her home, and to stop the daughter. Do you have a copy of the deed in front of you?

Also if your husband was living with his mother, how did his sister manage to do a sneak removal? Was he only spending part time there (and where are you in all this)? Does the sister have some claim that MIL was in a state of health that was in crisis or being neglected?

A life estate means that the seller of the property retains the right to reside on the property for the balance of their life. But the buyer get ownership.

If the transfer was over 5 years ago, then she no longer owns the house and it can't be sold to reimburse medicaid. If it was less than 5 years then medicaid can say the transfer was just avoid reimbursing medicaid.

Thank you that was very helpful. I clicked the helpful button but it didn't work.

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Originally Posted by amaineac

What is the difference between life estate and ownership?

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Ownership is like a bundle of sticks. Or a hamburger, fries, and a drink.

The entire bundle, ownership of the property for all time, is what lawyers call "fee simple absolute". It's the extra-value meal.

Or you can simply own one stick: the life estate or the remainder (that part that is left over after the life-tenant dies). It's like when you tell the person at the drive-in that you just want the hamburger, no drink or fries.

Each "stick" is owned by somebody. You own the burger, someone else owns the french frries.

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Originally Posted by amaineac

I get confused about life estate, If the life estate papers are over five years old can they sell the house if medicaid is used? Iit hasn't been used yet because my mother in law just went in the nursing home last week.

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Medicaid could sell the life estate, if anyone wanted to buy it. But it cannot sell the remainder, because your mother-in-law doesn't own that.

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Originally Posted by amaineac

No she did not sell the house, she got temp guardianship using a bunch of lies.

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Isn't it against the law to lie on a sworn affidavit, what happens to the person if it can be proved that they lied on it?

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Originally Posted by joypulv

Is there any confusion about whose name is on the deed, and when? It sounds like you need a lawyer right away, both for your MIL's rights to stay in her home, and to stop the daughter. Do you have a copy of the deed in front of you?

Also if your husband was living with his mother, how did his sister manage to do a sneak removal? Was he only spending part time there (and where are you in all this)? Does the sister have some claim that MIL was in a state of health that was in crisis or being neglected?

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The daughter made false claims about me. My mother in law has a pca that takes care of all her personal grooming. The daughter claimed that I didn't feed her, give her water or change her depends and called it tough love, but this is what we hired a pca for. I am not my mother in law's caretaker.

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Originally Posted by amaineac

Isn't it against the law to lie on a sworn affidavit, what happens to the person if it can be proved that they lied on it?

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Yes. In theory the authorities could charge the person with perjury.

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Originally Posted by amaineac

The daughter made false claims about me. ...

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In the affidavit? It also might be libel (for which you could file a civil lawsuit), if the document was read by a third person. But what damages did you suffer?