Legal Question in Real Estate Law in North Carolina

My brother has a life estate in my family's house and I'm his brother and the owner. He is now in an senior assisted living place and social services pays his cost to live there. He gets a social security check and must pay that to live there. He does get to keep $64 per month from the social security check. I had the property title changed to my name and was going to sell it but social services sent me a letter saying if I didn't change it back they would stop paying for my brother. I changed it back to him having a living estate but cannot keep up the house. I paid the taxes this year but do not plan on paying them again and would like to sell the house. Do I have any alternatives other than letting the place go down and not paying the taxes or just letting the government have the house?


Asked on 3/09/10, 4:44 am

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

As far as the real estate angle - the property is not very marketable as long as your brother has a life estate unless he is willing to sell his interest as well. If he is not competent, then there would need to be a valid power of attorney or someone would need to be appointed guardian to sell it. I can't answer the question about social services so you might want to consult with an elder law attorney.

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Answered on 3/14/10, 6:45 am


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