Legal Question in Wills and Trusts in Virginia
About 10 years ago my in-laws put their house in my husband and my name. My husband passed away in 2007. My mother-in-law has a life time right to the place. If she goes in a nursing home will I have to sell the place and give the nursing home the money?
2 Answers from Attorneys
No, your mother in law's life estate interest could be sold to another but not the
house itself to pay (or reimburse) for her nursing home care.
I believe it's a language question. What words gave your mother-in-law the life time right to the place. If that right is limited to her living in the place, moving out might terminate that right.
On the other hand, the interest she has in the place might work to require you to get her signature on a deed to a third party purchaser, and to pay her something for having sold her life time interest.
The devil's in the details.
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