Posted on: 01st Aug, 2006 09:41 pm
Hi, a few years ago I had a divorce and agreed upon a life estate for my ex-wife on my property in Florida. But since last September, she has been staying in a Alzheimer's care home and she won't be able to live all alone again. But her daughter from a previous marriage wants to occupy my home now and she has already moved in. I actually want to sell off the home as her mother can live in the Alzheimer's care home for several years. I even consulted a title company but they are not willing to insure the title for a new buyer, so want can I do to get back the property?
Hi Charles,
You are indeed in a mess. The life estate document should have specified that the estate would terminate when the tenant dies or moves out of the house for more than six months. But this wasn't done in your case, so your ex-wife's daughter thinks that she can continue with the life estate till her mother is alive.
I think you should consult an attorney for any legal action.
Thanks,
Caron.
You are indeed in a mess. The life estate document should have specified that the estate would terminate when the tenant dies or moves out of the house for more than six months. But this wasn't done in your case, so your ex-wife's daughter thinks that she can continue with the life estate till her mother is alive.
I think you should consult an attorney for any legal action.
Thanks,
Caron.
Hi,
The only solution that comes to my mind is to bring a quiet-title lawsuit against your ex-wife. Her daughter may interfere, but it will be up to the judge to decide if the life estate will be terminated or if it will continue till your ex-wife passes away.
Regards,
Jessica.
The only solution that comes to my mind is to bring a quiet-title lawsuit against your ex-wife. Her daughter may interfere, but it will be up to the judge to decide if the life estate will be terminated or if it will continue till your ex-wife passes away.
Regards,
Jessica.
Mom (79) & 3 siblings established a life estate in 2002 transferring deed under "disabled" eldest daughter name for "immediate Medicaid protection. A "ryder" specifies older daugher to split estate proceeds 3 ways upon Mom's death. In 2006 Mom (coerced by younger daughter) wants to undo LE suing older daughter based on being misled by Elder lawyer whom she won't depose. Can Mom revoke?
Hi PeterB,
Welcome to forums.
Normally a deed cannot be undone. If your mother can prove undue influence, then she can be able to set aside the deed or reform it.
Thanks
Welcome to forums.
Normally a deed cannot be undone. If your mother can prove undue influence, then she can be able to set aside the deed or reform it.
Thanks