Legal Question in Wills and Trusts in Ohio
How does a Life estate work?
My sister has Power of Attorney for my mother and the house was signed over to her about 12 years ago because she was still living at home at 35. It was stated then that the house would be given to me whenever mom passed on (this was by both my mom and my sister) Well now our mom has alzheimers and is in a nursing home and my sister told me to go ahead and move into the house (which we did)..well now she is saying that she can't sign the house over because as long as it doesn't change ownership the state can't touch it. Is this true?
2 Answers from Attorneys
Re: How does a Life estate work?
If your sister has the house in her name from 12 years ago there is no reason she can't transfer it to you since your mother did not have any rights in the house, unless maybe your mother reserved a life estate in the home. You should have an attorney review the deed.
Re: How does a Life estate work?
You say "the house was signed over to her 12 years ago". Are you saying that your sister is the current owner of the house? Does your mother have any ownership interest in the house at this point?
When you say that it "was stated the house would go to you", do you mean that your sister and mother said that would happen, or does it state that in the deed?
Please clarify.
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