Legal Question in Real Estate Law in Arizona
Estate Gift
I lived with my mother and cared for her for years in her home before she passed. She left her home to me as a Estate Gift. She also had a clause for contesting the will. Two brothers state I can only live there for one yr and then it must be sold and split between us. I am getting pressure for this now. Nothing is said in her trust as to a time limit I can stay as long as all cost, taxes and repairs and upkeep are done. They want me to sell so they can get their share. Must I sell this home? Is there a time limit as to how long I can stay in the home? She put the no contesting in the trust and if they tried to have me sell is that contesting the trust? I gave up my home to live and take care of my mother. Now they want me out. She passed 4 years ago. They are saying I can't keep living here.
1 Answer from Attorneys
Re: Estate Gift
I can certainly answer your question, but you have not given sufficient facts. You state that the home was left to you, but it sounds like you have permission to live in the home, and it was not gifted to you. I presume that it was not left to you because your brothers believe they have an interest in the home.
The answer will be found by reading the trust document itself. I cannot give an opinion without seeing the document. I am willing to have you submit the document to me and review it, at no charge, if you contact my office at 480.835.1500.
If the trust says you have the right to live there, and places no time limit on your stay, I would presume that you have a life estate, and can stay for your entire life. But again, it is foolish to speculate on the wording of a document I do not have in front of me. And I would say the same if you tried to give more detail. What we need is the trust itself. Each word may be crucial.
Forget for now about the no-contest clause. They are often not enforceable in court in modern times. Instead, let's see what the trust says exactly. I am curious now. And I am betting, if the trust was drafted by an attorney that knew his or her stuff, that you can live there as long as you want, in your sole discretion, but hesitate to say that without seeing the trust.
Call if you want further help.
Best regards,
James D. Jenkins
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