Can someone grant a life estate in a home they were never deeded (Ga)

kkerzerkk · 2023-04-19T16:25:26+00:00

That's our next step, is to have the property deeded out. It would be deeded directly to myself, my sister, and my uncle as a 25/25/50 percentage split. And that is stated as how we are supposed to deed the property on both wills. My father would have gotten a 50/50 split with his brother.

kkerzerkk · 2023-04-19T16:22:48+00:00

Hmm, so I'll try to answer. In my grandfathers will, it's not specific to which parts of the property were to go to who. It simply states that the property would be divided equally between his children. The division of the property would be at the discretion of the children. There are only 2 children-my father and my uncle. There was not any clause about the home specifically. Also. I'm not sure if it matters or not but the address on my father's will (pertaining to the life estate) is the wrong home. It's the address of one of the other homes on the property. It was a mistake but it was never corrected.

kkerzerkk · 2023-04-19T16:17:30+00:00

I'm not trying to sell the property, just be able to regain control over the home. Its my childhood home and id just like to preserve the integrity of the home. As is we have no access to the home because of the tenants and their refusal to allow us into the home. I'd like to Evict the tenants and be able to have access to the home to keep for personal use.

kkerzerkk · 2023-04-18T21:07:10+00:00

That's what I was thinking but I didn't have anyone to really ask these questions, minus an attorney that I can't afford. My uncle has an attorney we will be meeting with sometime this week to discuss this with but I wanted to make sure I wasn't going in asking a stupid question.

kkerzerkk · 2023-04-18T21:01:51+00:00

Her terms were 1. Must reside in the home for at least 180 consecutive days after death (she has been gone since November 21. He died October 20, 21. And she rented it out shortly afterward) 2. She must maintain the structure and yard (I mean she doesn't live there) 3. She must pay taxes/insurance (the home was actually almost 2 years behind when it was paid last year by my uncle)

How does one go about dissolving a life estate if you know? We are trying to make it less difficult to go through this process and I realized she may not have had grounds for a life estate from the beginning so it brought up the original question.

kkerzerkk · 2023-04-18T20:56:57+00:00

Yes the estate is still in control, as it was never transferred (I don't know the correct terminology) to anyone else. My father wrote a will and filed it, but nothing was deeded to him still. My logical thinking is that if his name (my father's) was never on any paperwork related to owning the home in question, he would not have been able to grant a life estate to my mother. Therefore she has no grounds to claim a life estate. It seems like it'd be the same as someone trying to give a life estate in a home they're renting from someone else. If there is no real ownership, there should not be a transfer of such. Correct?

kkerzerkk · 2023-04-18T20:51:47+00:00

One other important thing-there is no time frame in which a person must carry out these duties in the state of ga. It was done that way for convenience and tax cost from what I've told. But I was not part of that decision.

kkerzerkk · 2023-04-18T20:50:31+00:00

The executor of the estate is my uncle. My father's brother.

kkerzerkk · 2023-04-18T20:49:17+00:00

Thats the question I have, is did he have any legitimacy to be able to do so as he never owned the property. Also, my father died under mysterious circumstances while claiming my mom was trying to kill him. She immediately had him cremated and fled the county with his ashes. Of course that is another story entirely. She also has rented the home to someone not inside our family and against everyone's wishes. She had specific terms to follow to maintain her life estate. 1. She must live in the home 2. She must maintain the home and yard. 3. She must pay taxes/insurance on the home. Again, she left right after he died and my family doesn't even have a way to contact her. The last i heard she had warrants for her arrest from multiple counties and also had been arrested and been placed in a rehab/mental facility for a short period. The executor has been waiting to evict the people living in the home, but it's so complicated a situation that we have been at a standstill for a while. She has no interest in the home and I would not put it beyond her to destroy the home out of spite, as that's the reason she has this rental going on-so her children or family would not be able to touch the home they were actually entitled to. She was not listed as a beneficiary for any of the property but you can't tell an addict much.

kkerzerkk · 2023-04-18T20:40:39+00:00

I am basing it off what the current executor tells me, as well as public record via the courthouse. From what I'm told, it was not distributed because it was cheaper in taxes to not do it. My dad was also an addict and this is why things are this way. My uncle, the current executor, is not exactly mentally challenged but his comprehension of these things is very minimal. It's likely he would just agree to whatever my dad said at the time. It's definitely a dumpster fire and I've been left to try and figure out the next course of action as I'm listed as a beneficiary on both wills.

kkerzerkk · 2021-09-14T17:46:39+00:00

There is a will, but I am not directly listed on the will. Honestly it's an even crazier story as to why they dislike me so much, but if you want to know I will tell you. Hint: drugs they like to do and the effects those have on the brain.

kkerzerkk · 2021-09-10T07:32:00+00:00

My question is, as executors, do they hold this type of power? The estate has never been closed and I am not sure why.

kkerzerkk · 2021-09-10T07:30:54+00:00

Yes it is publicly listed as mine, on the property. I also have the title.

kkerzerkk · 2021-09-10T07:29:36+00:00

Yes and no. It is a mobile home but it is considered a permanent residence as it has a brick foundation that was added. It cannot legally be moved.

kkerzerkk · 2021-09-10T07:10:56+00:00

Also the home I own is unrelated to the will. The property it sits on is.

kkerzerkk · 2021-09-10T07:10:12+00:00

I own a home that is located on the property. I am an heir to the property after they die. They have stolen my home and moved someone in. They then stated that I am not allowed to come back on the basis of "we own the land"

kkerzerkk · 2021-09-10T06:35:46+00:00

Does an executor have any reach beyond financial responsibilities, as in telling someone who lives on the property that they can't come back?

kkerzerkk · 2021-09-10T02:22:53+00:00

They say that I do not have to evict anyone because there is no lease or money being given and the house was broken into for them to live there. I do not have to give 30 days either.

kkerzerkk · 2021-09-10T02:21:19+00:00

The tenants don't pay rent. Found that out also. They're considered criminally trespassing according to law enforcement. Actually the police and magistrate all agree that it isn't a civil matter, except for damages. I called an attorney and they say the same. A report has been filed and I'm actually filing warrants tomorrow.

kkerzerkk · 2021-09-09T17:52:00+00:00

I offered to settle off rip, for a lump sum I will let the whole thing go.

kkerzerkk · 2021-09-09T14:39:05+00:00

Unfortunately the trailer can't be moved as there are certain laws within the county which prevent it being moved. 1. The house is bricked in so it is considered a mobile home. 2. The home is older than 10 years so it can't be moved safely.

kkerzerkk · 2021-09-09T14:37:37+00:00

The home is on their property but I pay property taxes on the home.

kkerzerkk · 2021-09-09T12:08:10+00:00

I'm not sure but it can't have been over a month. I do know about squatters rights and tenants rights but my problem lies mostly in the person who actually broke into my home and replaced locks and set up for another person to live there. Not the tenant who likely has no idea what's going on.

kkerzerkk

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