tag:blogger.com,1999:blog-9114659802696559273.comments2023-11-15T22:16:47.408-08:00AN ORGANIZED (after)LIFEJennifer Gumbelhttp://www.blogger.com/profile/10481984664826128651noreply@blogger.comBlogger83125tag:blogger.com,1999:blog-9114659802696559273.post-47484612091632027232014-09-05T10:23:00.155-07:002014-09-05T10:23:00.155-07:00Fantastic question! In fact, such a good question,...Fantastic question! In fact, such a good question, the answer will be my upcoming post in September. Please take a look in the coming days. Blended family situations really do make difference in planning.Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-83508823790358748492013-04-30T09:44:02.069-07:002013-04-30T09:44:02.069-07:00A lien could be placed on the property, as the lif...A lien could be placed on the property, as the life estate was created after 2003. As far as removing your father's name, generally all that needs to be done is to sign an affidavit of survivorship, attach a certified copy of the death certificate and record them. Because it's a relatively simple process, you can take care of it now or wait until you need to clear up title. I suggest you meet with an attorney who can draft the affidavit.Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-5631308701285808672013-04-30T09:41:21.313-07:002013-04-30T09:41:21.313-07:00Generally the rights of remaindermen are limited d...Generally the rights of remaindermen are limited during the life of the life tenant. Usually the only duty the life tenant owes the remaindermen is to pay taxes and not commit waste on the property. It appears your cousins may be blowing smoke. I'd meet with an attorney to evaluate exactly what rights your cousins have and consider having the lawyer tell them to back off on the rest.Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-75201165100145986172013-04-27T19:05:53.748-07:002013-04-27T19:05:53.748-07:00Say you have a married couple, each with a single ...Say you have a married couple, each with a single child from a previous relationship, who have joint tenancy with right of survivorship on two properties. If one of them dies before the other, does their child effectively lose all title -- because the properties transfer to the surviving spouse first?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-90108471400536962712013-04-23T13:55:07.004-07:002013-04-23T13:55:07.004-07:00I have two questions. In 2004 my parents signed a...I have two questions. In 2004 my parents signed a Life Estate for their farm in MN to myself and 4 siblings. My father passed away last year. Is there any reason that his name should be removed from the deed now or can that be done after my mother passes away. Also, If my mother would need to go on assisted living, could there be a lein placed on the property?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-26126103299113858442013-04-16T23:20:15.575-07:002013-04-16T23:20:15.575-07:00In 1996, my grandparents granted our family cabin ...In 1996, my grandparents granted our family cabin to my uncle and mother as joint tenants, a life estate for their natural lives; with remainder interest to my three cousins, my sister and I. Initially my mom & uncle split the costs of taxes, insurance, upkeep etc 50/50. Over the past 10 years or so, the costs have risen greatly and the amount paid for by my mother vs her brother is more like 75/25. My 3 cousins feel that they are ENTITLED to be at the cabin 50% of the usable time, and have threatened my mother with trying to have the place condemned if she doesn't vacate the premises when they want to be there. Can the remaindermen demand usage during her lifetime and make her vacate the premises?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-54574935359046034292013-01-30T10:35:30.810-08:002013-01-30T10:35:30.810-08:00That's interesting! Because MN doesn't all...That's interesting! Because MN doesn't allow for an exception to the witness requirement for holographic wills or amendments, handwritten amendments usually fail for lack of witnessing. Even if witnesses were present, the confusion of documenting it make a formal codicil or new will far preferable.Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-68106766393151995932013-01-29T22:04:06.121-08:002013-01-29T22:04:06.121-08:00I practice probate law in Nevada which like Califo...I practice probate law in Nevada which like California allows holographic wills. I've probate a few short holographic wills (giving everything to one or two people) without problems. Problems more typically arise when a testator tries to make handwritten amendments to a typed will. If the handwritten amendments are signed and dated they fail as a holographic amendment. Jonathan Reed, NV Bar #1454http://www.probatenevada.netnoreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-29053654613345248842012-09-30T18:40:48.371-07:002012-09-30T18:40:48.371-07:00The question of whether or not another owner on th...The question of whether or not another owner on the real property is responsible for costs on the property, lawyers call it "contribution", depends on the circumstances and the specific law of the state where the property is located. You should meet with an attorney licensed in that state to determine if there are steps you can take, whether informing the co-owner of the costs or attempting to get their permission, that can help you recover their fair share later on.Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-58235465867608232582012-09-30T18:35:07.515-07:002012-09-30T18:35:07.515-07:00This comment has been removed by the author.Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-90150165065286838262012-09-30T18:35:06.791-07:002012-09-30T18:35:06.791-07:00Thanks Tara!Thanks Tara!Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-69433225439095461352012-09-11T18:26:40.254-07:002012-09-11T18:26:40.254-07:00My mother passed away and her three children were ...My mother passed away and her three children were set up as tenants in common in the property. The property is in need of some maintenance to prepare it for sale and it is uninsured. Two of the three parties agree that the work and insurance needs to be taken care of. The third person says they are not paying for anything. What are our options? Can we hold the person not cooperating8 responsible for their share of expenses through a lien or something?<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-83619279442050608942012-08-30T09:43:20.497-07:002012-08-30T09:43:20.497-07:00This was great thank you for making this blog!!!This was great thank you for making this blog!!!Tarahttp://splaws.com/noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-67894971632478780992012-07-26T06:45:58.883-07:002012-07-26T06:45:58.883-07:00Anonymous,
This kind of property ownership setup ...Anonymous,<br /><br />This kind of property ownership setup can feel really uncertain for owners and create a lot of stress. You should meet with an attorney licensed in Iowa to review the ownership interests and determine what rights your father-in-law has and what rights your husband has. Knowing where your father-in-law sits and where your husband sits can greatly reduce stress. Good luck!Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-39194027378078448022012-07-25T13:33:20.177-07:002012-07-25T13:33:20.177-07:00Could my father give up his life estate to push a ...Could my father give up his life estate to push a sale?<br />Thank you so much for your help. This is a very sad time for our family. My mother would be so sad how this has been handled and how my father is treating some of us.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-44859836034097725482012-07-25T12:50:56.680-07:002012-07-25T12:50:56.680-07:00Anonymous, generally it's difficult for life t...Anonymous, generally it's difficult for life tenants to push a sale, but not impossible. Iowa may have very specific laws regarding this and options to keep the operation going with multiple land owners. You should meet with an Iowa attorney to discuss your options.Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-57811828405543998542012-07-25T12:46:12.837-07:002012-07-25T12:46:12.837-07:00Questions in MN, an option that your father-in-law...Questions in MN, an option that your father-in-law may be more comfortable with is a transfer on death deed (read more about it here: http://minnesotaestateplanningandprobate.blogspot.com/2008/10/whats-todd.html )<br /><br />A TODD is revocable. Your husband and father-in-law should make an appointment with a Minnesota attorney to discuss options to make sure the father-in-law's wishes happen.Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-14328028080342534922012-07-25T08:48:07.335-07:002012-07-25T08:48:07.335-07:00My mother died in 1978. I am from a very large fa...My mother died in 1978. I am from a very large farm family that has a big operation. When she passed away she divided her half of the home place (land, buildings, bins, home, operation) between the 9 children with a life estate from for my dad. He owns the other 50% of the home farm and everything on it. Can he force a sale? Anything I can do to protect my interest. This land is in Iowa and is worth a lot of money.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-75345265658691779182012-07-09T18:55:50.837-07:002012-07-09T18:55:50.837-07:00My father-in-law has three children. It was agree...My father-in-law has three children. It was agreed upon many years ago that his lake place would be left to my husband. His sister recently moved back to MN and has begun trying to convince their father that he should make my husband buy the place from him. He has told us this is not what he wants and said he has it in his will that the land is to go to my husband. He also had a house that he had sold contract for deed to his other son. That son ended up divorced and basically he doesn't make payments anymore and was told the house is his inheritance. To our knowledge the house is still in dad's name and his will states it goes to brother. We are not comfortable with only the will and we would like to find another way for him to make sure that his wishes are carried out and no one can interfere with it. We had tried to convince him to sign over the property to my husband now as we are doing all of the upkeep and paying for most everything for the place. He was fine with the idea of signing it over until the daughter got upset because she was afraid if he went into a nursing home and his money was exhausted she would get nothing. So, to make a long story as short as possible, we are looking for a way that we can protect our interests and his fathers wishes without doing anything that would jeapordize him or his interests in any way. We have looked at Living Estate, Transfer on Death Deed, and Joint tenancy but have no idea which would be the best route to go. We also would prefer to handle things in a way that could keep us out of probate.Questions in MNhttps://www.blogger.com/profile/04746644974134585088noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-16342731273371875392012-07-03T12:51:13.299-07:002012-07-03T12:51:13.299-07:00In a way, yes, the joint tenancy no longer exists,...In a way, yes, the joint tenancy no longer exists, but for a much more basic reason. If you deed property into a trust, you no longer own it, either as a joint tenant or tenant in common. The trust owns it and will continue to own it after the trustees pass away. If you have questions about the consequences of deeding property into a trust, you should meet with a licensed attorney in your state who can review the deed and provisions of the trust.Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-32702752979426071702012-06-15T09:39:58.996-07:002012-06-15T09:39:58.996-07:00Does a quit claim deed from a husband and wife as ...Does a quit claim deed from a husband and wife as joint tenants to themselves as trustees of a living trust sever the joint tenancy?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-79113842724830213152012-05-30T14:00:33.012-07:002012-05-30T14:00:33.012-07:00It sounds like your family would like the farm to ...It sounds like your family would like the farm to automatically transfer to family members, without going through probate while also protecting the farm from particular creditors. That being the case a family farm corporation or trust may be a better vehicle. Technically, a creditor of a remainderman (the person who owns the property, subject to the life estate) can try to collect a judgement through the debtor's interest in property, including a remainder interest. Your family should meet with an attorney licensed in the state where the land is located to determine whether creating an entity makes sense, make sure that the entity is allowed to own farmland and the drawbacks of getting rid of the life estate. Good luck!Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-85907148442271649392012-05-30T13:54:26.550-07:002012-05-30T13:54:26.550-07:00This first question is whether you and your siblin...This first question is whether you and your siblings were recipients of the life estate in that your mother gave you all the right to live on the property for your lives or if you all received the property, except that she can live on the property during her life. If the second is the case, the rights of your deceased siblings estate will depend on the specific wording on the deed. Basically, are the three of you joint tenants, in which case the right of one transfers to the others automatically upon their death or if the three of you own as tenant's in common, in which case the interest of the one who passed away will be part of their estate which will likely need to be probated. An attorney licensed in the state where the land is located can let you know what type of ownership is own the deed. Good luck!Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-91741796566836809182012-05-23T19:28:36.854-07:002012-05-23T19:28:36.854-07:00Rights in a contract for deed after another contra...Rights in a contract for deed after another contract for deed buyer passes away is a tricky one and depends on what's in the contract for deed. You should take it to a licensed attorney to review your rights under the contract. Good luck!Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.comtag:blogger.com,1999:blog-9114659802696559273.post-34686451991488720842012-05-23T19:21:46.797-07:002012-05-23T19:21:46.797-07:00Creditors to an estate generally have access to as...Creditors to an estate generally have access to assets in an estate, an the interest in real property owned as a tenant in common will be a probate asset. However, some assets will be exempt from creditor claims. You may want to meet with a real estate attorney to change the ownership to joint tenancy anyway to minimize a need for probate. Good luck!Jennifer Gumbelhttps://www.blogger.com/profile/10481984664826128651noreply@blogger.com