Legal Question in Elder Law in California

life estate holder now in nursing home

gpa left home to gkids and left his new wife life estate, shes now 91 with dimentia & in nursing home. can her only family a nephew, rent it out for her or it it revoked due to dementia & gkids take over now? and


Asked on 2/09/08, 12:03 am

3 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: life estate holder now in nursing home

depends on the type of life estate. review the deed or trust.

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Answered on 2/10/08, 12:52 am
Joel Selik www.SelikLaw.com

Re: life estate holder now in nursing home

It depends on how it was drafted, but in a true and full life estate she can rent it out unless there is requirement she live in it.

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Answered on 2/09/08, 1:37 pm
Terry A. Nelson Nelson & Lawless

Re: life estate holder now in nursing home

She'll need to have given a power of attorney earlier, or you'll need to get a conservatorship and authority from the court, to be able to do so legally. It's hers until she dies. Feel free to contact me if serious about getting legal help in conservatorship.

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Answered on 2/09/08, 2:15 pm


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