Life Lease

[Beauharnois]

Jurisdiction

New York

My mother has life lease on my property, she has willingly moved out and will give up life lease. Do I need a lawyer or can I donut myself?

 

[ElleMD]

What is it you are trying to do?

 

[army judge]

My mother has life lease on my property, she has willingly moved out and will give up life lease. Do I need a lawyer or can I donut myself?

Do you mean she holds a life estate, bequeathed to her by her deceased spouse?

 

[Beauharnois]

No I own the home and she has the right to live in it until she dies via a life lease

 

[army judge]

It's called a life estate.
You are the remainderman.

Other than you, is anyone on the title, as in are there other remaindermen?

Now, read the information on these links:
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https://www.linkedin.com/pulse/20140728165911-7718716-the-problem-with-life-estate-deeds
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LawHelpMN.org - Find Free Legal Help, Access Legal Aid Information, and Know Your Rights About the Law
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This offers many answers:
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Life Estate Ownership of Real Estate (Advantages & Disadvantages) | Law Offices of Susan M. Mooney
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A life estate can't be tampered with, which is why people use it.
The life estate owner is required, unless otherwise specified to pay taxes and keep the property maintained.

When I say tampered with, other than by operation of law.

That precludes legal actions taken by non-governmental entities.

Now, what is it you wish to do?
Mom can't be removed from the deed to allow you to sell it, or mortgage the property.

 

[Beauharnois]

It's called a life estate.
You are the remainderman.

Other than you, is anyone on the title, as in are there other remaindermen?

Now, read the information on these links:
.
.
.
https://www.linkedin.com/pulse/20140728165911-7718716-the-problem-with-life-estate-deeds
.
.
.
LawHelpMN.org - Find Free Legal Help, Access Legal Aid Information, and Know Your Rights About the Law
.
.
.
This offers many answers:
.
.
.
Life Estate Ownership of Real Estate (Advantages & Disadvantages) | Law Offices of Susan M. Mooney
.
.
.
A life estate can't be tampered with, which is why people use it.
The life estate owner is required, unless otherwise specified to pay taxes and keep the property maintained.

When I say tampered with, other than by operation of law.

That precludes legal actions taken by non-governmental entities.

Now, what is it you wish to do?
Mom can't be removed from the deed to allow you to sell it, or mortgage the property.

She wants off the life deed so we can sell it

 

[army judge]

She wants off the life deed so we can sell it

That's what I thought.
In many cases, that's impossible.
To determine if it's possible in your case, take all of your documents to a real estate, or trust attorney.
He or she will review the materials and advise you accordingly.
Good luck.