Legal Question in Real Estate Law in Idaho

Life Estates

Dear Sir,

I have a legal question that I am seeking an answer; it concerns real property law.

My mother is in her 80's and is very sick. She owns her own home and has a title free and clear. She has told me that when she passes I can have the house.

I have a friend who will loan me a money for my business but he wants to put a lien on my mother's house.

I was reading about Life Estates. If my mother gives me a Life Estate on her home, can the person then put a lien on her title and if I default only take my mother's house after she dies?

The man giving me this loan will agree to this arrangement of collecting after her death only if he has attached the loan note to the title.

Although I am aware of other options, we are right now only looking at a Life Estate.

Thank You.


Asked on 12/29/03, 12:27 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Life Estates

Telling you that you will get her house doesn't do anything, you must be in her will as the person who takes under her will.

Or, she can deed a life estate to you and it is immediately your property during your life. She can also deed the property to you and reserve in herself a life estate ( I think this is what you are talking about).

If there are any other people who might be takers under a will (heirs, etc.), it is possible that the transfer will be voided if for some reason the transfer is contested.

I give a half hour free consultation in my office if you call for an appointment at 208-345-3817. I cannot give you actual advise unless you come into the office so I can discuss the details with you.

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Answered on 12/30/03, 12:45 pm


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