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    MJ McMahan's Avatar
    MJ McMahan Posts: 1, Reputation: 1
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    #1

    Jul 5, 2013, 01:56 PM
    Mother has lifetime estate to her home
    Mother deeded her home and property to her children,she has a lifetime estate in the home,who is responseable for the upkeep of the home?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 5, 2013, 02:05 PM
    Does it matter? Don't the siblings want to protect their interest? Also the terms of the life estate may dictate this.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Jul 5, 2013, 02:12 PM
    She could have just kept it in her name and left it to you in her will. The will would take months to get through probate. Banks and lawyers charge fees by the total value of the estate. She saved you time and money. Plus, now no young guy is going to sweep her off her feet after fixing her gutters, and marry her, and take every cent you expect to get.
    You can all contribute to the house now and get it back in value later, or let it fall to ruin and have it be worth less than would have been spent on upkeep. Your choice.
    Sit down with her and TALK about finances and a monthly amount to chip in for all expenses, fixed, variable, and possible.
    Gee! That's just the mercenary aspect. Also, she's your mother...
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jul 5, 2013, 02:29 PM
    If she conveyed the property to the children, reserving to herself a life estate, she has the responsibility to maintain the property. If she doesn't, the remaindermen (her children, in this case) could sue her for waste.

    Quote Originally Posted by joypulv View Post
    ... Banks and lawyers charge fees by the total value of the estate. ...
    Really? I believe it's more common to charge by billable hour. If the personal representative is stupid enough to agree to paying a lawer a substantial percentage of a large but uncomplicated estate, the PR should be removed. And the probate court should dis-allow the fee.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #5

    Jul 5, 2013, 05:26 PM
    OK... I'm going by one estate that was in trust... and I wanted to make the point that the estate would be smaller.
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