Legal Question in Real Estate Law in California
Life estates
I am an only child and the woman who claimed my father married her before he died at 90, agreed to sign away her rights to his estate if she were given a life estate.
That was 3 yrs ago. She is now 97 yrs old . My attorney and hers drafted the life estate subj to certain terms. One term was that she had to reside at the property for the life estate to be valid. She has lived in a convalescent home for almost a yr as revealed by my hired private investigator. She is also suffering from Alzheimers and incoherent. I am trying to obtain a home loan and need to clear title. The life estate is now invalid as she no longer lives there. How can I get her name off the title or the life estate amended? We also drafted that if any controversy should arise, ot would be handled by the Amer. Arbitration Assoc. Would I need to go through them or a real estate attorney?
So
1. I need to clear title.
2. Amend our probate to show life estate invalid.
3. She is not coherent.
4. Her relatives are uncooperative.
(My former attorney is completely baffled as he was during this entire process. He actually suggested I call someone with more experience as he confessed he does not know) Pls help. All title companies says no though loan approved.
Thks
2 Answers from Attorneys
Re: Life estates
You may bring an action to quiet title. As for the arbitration provision, the contract in question would need to be examined to determine whether it is either 1) enforceable and 2) whether it is binding or non-binding arbitration. I would consult with a real estate attorney and have them review the documents and give you a legal analysis.
For more information about my firms practice, please visit www.elandarvish.com. Please call my office if I can assist you in anyway.
Legal Notice: this email should not be construed as legal advice. Addtionally, this does not create the existence of an attorney client relationship. Please contact an attorney immediately for a formal legal opinion on this matter.
Re: Life estates
There is some case law on when and whether an elderly person's moving into a nursing facility triggers a life-estate condition requiring continuing residency. It may depend upon how the life tenancy is worded, but terminating the life tenancy for failure of a condition subsequent (as this would be) is not a slam dunk. Also it is likely the old lady would be entitled to appointment of a conservator to represent her in any adverse proceeding.
In view of her life expectancy, the time and expense required to file and prosecute a quiet-title action, the possibility of an adverse ruling, etc., it might be a better decision to postpone claiming possession and doing the refinancing until she dies.
Who the heck is living there? Is the place vacant? I would worry about its upkeep, payment of taxes, etc. rather than terminating the life tenancy.
Another possibility you should consider is finding a lender or a loan that doesn't require a lender's policy of title insurance. This will probably cost you more interest as the risk to the lender is higher, but it avoids the title company problem. There are lenders who specialize in making loans to heirs and prospective heirs. Ask a few brokers, or go on line.
If all else fails, contact me and I will give you a representation proposal.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
