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Life Estate
My mother was given a life estate and the trust also states my older sister has a life estate; the trustee had the attorney that wrote the trust give my sister a letter telling her she has the same rights as our mother to the property. However, we have been researching this Life Estate issue. It states "Life Estate is for an individual's life time"; Which means that my mother own the house until she dies; upon her death my older sister gets her life estate. My sister then owns the remainder interest in said property; How can my mother evict her out of the how? They do not get along. My sister is now in jail for assault and battery on her 12 year old daughter. She gets out in 5 days. My mother is afraid of what my sister might do to her. Please help!
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If your sister is jail for A&B on her 12 year old daughter she must have a serious anger problem. That is physical abuse as far as I am concerned and I don't blame your mother for being a tad scared. Maybe your mom better get some kind of restraining order to make sure he can't enter the house and do damage to anyone.
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First, your mom gets a restraining order against your sister, due to her fear of her violence. Then you need to talk to the attorney that created the Life Estate.
The purpose of a life estate is to transfer property outside of probate and insure inheritance. The question that is not clear is who gets the property after your mom dies? Also, it is possible for a Life Estate to be granted as a share with the property going to the beneficiary after the last share dies. So you need to clear up who currently owns the property as part of the Life Estate and who is the beneficiary after. |
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