Posted by JD Seller on August 28, 2015 at 19:52:58 from (208.126.198.123):
About 30 years ago my first wife and I bought her Great Uncle's farm. He wanted it to go to family and he wanted her to have the farm. HE wanted, and we agreed to giving him, a "life estate" on the house and five acres. This was fine as the house and five acres actually was a 1/4 of a mile from the farm ground. They never where a "joined" farm. It was always split that way. It worked fine for both of us as he got a place to live and had the income from the farm sale for retirement. I have always kept the house maintained and the taxes paid on the separate parcel it sets on. The good part was that he lived a LONG life. HE just passed away a few months ago in his sleep in his own bed at the age of 97.
Now the "odd" thing. A few years ago the Uncle had a step son, from a long ago marriage, move in to stay with him. The step son is 78 years old now. I talked to him a few weeks after the Uncle's death and told him we needed to talk about the house some time after things had settle down for him. Well about two weeks ago I went an saw him. It seemed like he was not going to come and see me. I explained to him about the Uncle/Step Father having an life estate on the house and five acres. I told him that since he had helped the Uncle the last few years, and kept the place nice, I just wanted a nominal rent to cover the taxes and insurance on the house. This would be only $200 per month. That is about a 1/4 of what the house would rent for on the open market right now. This house and land is part of my first wife's estate/trust for my kids. So while there is not a pressing need for a high income from the place I do not want it to draw down the value of the trust for the kids.
The step son was/is all angry about having to pay rent on "his" Father's house. HE told me he would not pay a dime as he was "promised" that he could live in the house in return for taking care of his "STEP" father. Well the trouble is I DID NOT promise him anything and I have no way of knowing if the Uncle/step Father promised him anything or not. So here I sit with a person living in a house for "free". I really do not want to have to evict an old man out of a house. If the fellow could not pay that rent I would more than likely let things go as his health is not great. The trouble is two fold: 1) He has a very good union retirement income. So he can pay a normal rent if he wanted too. 2) He is being a horses butt about the whole thing.
So what should I do??? The law is on my side. HE has ZERO standing or any legal claim against the house. I really do not want a mess with the house. IF he would just cover the taxes I would even eat the insurance cost as it would be less bother than evicting him but he wants to pay nothing at all. My kids are split on the issue. Two want to throw him out for being a butt and the other two want to just wait him out as they think he will not live much longer.
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