Legal Question in Wills and Trusts in Florida
Regarding my question about my mother having a life estate on her house. The life estate is mentioned in the deed transfer, not in her will, transferring the house from her name into mine and my sister's many years ago. When she lived in assisted living she collected the rent in her name. Now that mom is in a NY nursing home the state is going to take all the rent she was collecting even though the house does not belong to her since she moved out. Can the state do that?
3 Answers from Attorneys
Since she collected, yes. Since you were the owner, you should have been collecting.
Yes. You are not understanding what having a life estate is. It means she DOES own it for the extent of her life. Therefore, while she is alive, the State can take the rents. Upon her death that should end, as will your mothers ownership rights.
If she conveys her life estate rights now then the answer could be different. However, NY may not accept such a recent transfer.
My colleagues are correct. You might also want to speak with a NY attorney as she will now be considered a resident of NY and tax situations may affect the property.
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