Legal Question in Real Estate Law in Maryland

land seizure by a nursing home

My grandmother left her property to my brother before she died. She gave my grandfather lifetime rights to live on the property. My grandfather has just been hospitalized and the drs. are encouraging him to go to a nursing home because he needs round the clock care and no one is home during the day to care for him. It's been almost 3 years since the land was signed over. Can the nursing home take the property from my brother?


Asked on 4/06/07, 11:37 am

2 Answers from Attorneys

Lawrence Holzman Holzman Law Firm, LLC

Re: land seizure by a nursing home

If yor description is correct, your grandfather has a life estate interest in the property and your brother owns the "remainder" interest. it would be theoretically possoble, but unlikely, that a nursing home would "take" the life ineterest. the only thing it could possibly do with it would be to rent it out until your father passes. in any event, how is I that the nursing home is trying to "take" the property? have they filed a suit? your family should have a lawyer look at this and try to give you some info based on detailed facts... before things get screwed up the nursing home.

call if you want to chat about it.

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Answered on 4/06/07, 9:15 pm
Carter Ferrington Bar Adon Vogel PLLC

Re: land seizure by a nursing home

From what you say (that your grandfather has "lifetime rights" to the property (generally known as a lifetime estate) and your brother has either clear title to the property or what's called a remainder interest (full ownership after the life of your grandfather), the nursing home can't take any more of the property than your grandfather has a right to.

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Answered on 4/06/07, 11:50 am


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