Q: My father has a life estate in home & stated in his will that I can remain in home for 5 yrs after death? Is it valid?
I have been his 24/7 caretaker for over a decade. My brother and sister(the other remaindermen) have not assisted at all. Dad has had serious medical conditions for years. Dad is nearing death and my brother and sister can’t wait because they said they were going to kick me out and sell the house that I have been living in with my father.
A:
Very sorry about your father's illness.
You should get a copy of the deed and see precisely how it is titled and held. A life estate normally only applies to the person named in it and ends at their death, they cannot pass on an additional life estate normally. Upon review of the deed and the type of deed and how it is drafted, your father may be able to make changes to the deed, his Will or his overall estate plan still. Of course if your dad is seriously ill as you have stated or there are mental capacity issues then you also open yourself up to challenges of undue influence, your father's mental capacity etc. Ultimately, it would be better to have those changes than not have those changes if your dad wants you to be in or have the property or be able to stay in it. Usually, if a person creates a deed and or a Will, they can both be changes by that person during their lifetime, of course taking the above issues into consideration.
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