Life Time Right To A House

Hobo,NC

Well-known Member
Location
Sanford, NC
Long story will make it short.

I have looked after my mom and a handicap bro since 1990. When my wife was living she handle most of it she did it and never complained. Doctors appointments getting groceries and hauling them around (mom has never drove a car). Wife passed and I have no other help I do 100% of it.

Bro passed mom 90 has senile dementia can not hear its tuff to communicate with her... The bad part is she will call a spade a spade are what ever crosses her mind at any given time she will pizz most anyone she comes into contact with off big time. This includes all family members other than one... This one is a doper will not work and will steal you blind.

Mom has a life time right to the house doper girl lost her child and losing the free stuff the child gets. She talked mom into letting her stay with her again my will. Wife told me she would steal money out her pocket book doper girl thought she was a asleep. Doper girl stole my wife's morphine while she laid there dyeing.

The challenge to get rid of doper girl... Legal its gonna cost I can not run her arse off as long as mom wants her to stay. If and when I get to this point I will not take a life time right to the house you can take that to the bank... I would not put my kids thru this...
 
HoBo,NC: The real trouble is the "life time use" or what is call a "life estate" around here mean they get the use of the house as long as they are alive. That means even if they are in a rest home. The house is theirs until they die. I went through this with an Aunt. She made me her guardian and gave the house to her kids. The house could not transfer to her kids until she died. I was lucky in that they understood and one actually rented the house until she died. She received the rent as income.
 
You have my sympathy bo, I don't know what to suggest other than ask your local agency for the elderly if they know of a Pro Bono lawyer. If so,see if he will look at the aggrement on the house. This kind of thing is so common that wording in standard aggrements might address it.
 
Confused here.

Does doper girl have a life estate? Such estate must be written. A verbal agreement does not suffice.

If no life estate, your mother (or her guardian, if any) can evict her at any time.

Dean
 
Man, that is double tough. Unless you have your mom declared incompetent you have to abide by her poor decisions. You may have to call a spade a spade and tell her why you no longer will take her to doctors appointments. I know you can't do that, you have my sympathies. You've been doing this for 27 years. I suddenly have no problems.
 
Everyone needs a living trust to address such matters.Back in 03 my parents set up a living trust plus gave me a comprehensive Power of Attorney.Dad died in 04 and everything went a long
fine until my mom got dementia and a grand daughter started things like you are talking about.Because of the powers I had been given I was able to step in and put a stop to things
without that ability it would have been a total mess.But you need to find someone you can really trust.
 
Typically as in our State, a person who was "LEGALLY" conveyed a "Life Estate" in real estate has the sole and exclusive right to have and to hold to use and enjoy the property as he or she wishes, they have what's called a "present possessory interest" (dont have to live there, they can rent it if they like, its theirs for their life to do as they please subject to some limitations) to the exclusion of all others. HOWEVER his or her rights can possibly be subject to the rights of the REMAINDERMAN (they are holders of whats called in law a "future estate") which means the life estate holder can NOT commit waste and if so the remainders may have a legal cause of action. Unless the remainders can prove waste, its gonna be a tough burden to make the life estate holder evict someone they allow to live there, its NOT a case Id take on a contingency lol

As an attorney who practices in estate planning, conveyance of a Life Estate is a tool I use often provided alllllllllll the circumstances and wishes and pitfalls are addressed. It can be a good or it can be a bad idea AND THATS WHY YOU SHOULD SEEK TRAINED PROFESSIONAL ADVICE for something that serious that can involve a lot of money and heartaches.

A person who holds a life estate can convey their own interest, but cant obviously convey away the rights of the remainders

NOTE its impossible to explain here 100% accurate what takes volumes and case studies to understand and may also be different in different states SO DONT RELY ON ANYTHING HERE POSTED BY LAY OR PROFESSIONALS ME INCLUSED. There are relevant facts and wishes and issues and local laws that need thoroughly researched before rendering a competent legal opinion.

John T Attorney at Law
 

mom has life time rights...

I called the law to have her arse thrown out it did not work soooo I don't have to make it conferrable for her.

Lucky me she left last night...

Her sister and I have spent 5K on a lawyer getting her kid in a stable environment. She drug the kid all over the place day and night "its all about the kid" to us. We can not change doper girl but we can make her a believer the kid comes first doper girl will have to fret for herself. Kid has ADD and not manageable around doper girl BUT get her away from her and she's manageable other than a little hyper... A can of spaghetti-o's for supper is not a balanced meal..

I am lucky her sister is all in "Its about the kid" I wore out the phone calling DSS the schools etc... She is not going to wreck that kids life :!: Get this the kid was in 4 different schools last year school have been open 3 weeks this year and the kids been in 2 schools :evil: Yesterday a judge gave her sister custody of the kid :D

I got discussed with DSS all they are interested in is that the kid gets the free stuff and the mom can apply for free housing. Schools have enoufh problems with out folks dumping theirs on them. If anyone else runs into a problem like this it cost nuttin to ware the phone out calling DSS and let the school counselor and SS worker know you are there to help them.

Yesterday in court the judge gave custody to her sister and told doper girl she had quite a few things in her life she had to straighten out if she returned to get custody of her kid again...

Would you believe doper girl said "Would you write them down for me" :shock:
 
Wonder if you can catch doper girl on camera stealing ? Or since she is staying there maybe try and see if she can do some of the errand running ? Good chance if mom passes I wonder how you will still be able to kick doper girl out ?
 

"Good chance if mom passes I wonder how you will still be able to kick doper girl out ?"

That's more so what will be my biggest problem so its best not to let the one I have fester.... She was living with another of my sisters when she died her husband went thru the same deal he had to buy her out to get her out of the house.

Last week I gave her a blank check to go get her own place mom made her give it back. I figured that was cheaper than a lawyer.

The law is again a homeowner :(
 
If you're looking for advice, I'd say you're posting your problem in the wrong place. I think Dr. Phil might scoop you up and I think they
pay you to go on the show so it's a win-win situation. He solves the problem and you put a few bucks in your pocket.
 

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