This is a little long and confusing, so bear with me.
My aunt purchased her mother in law's home from her sister in law. There was a life estate involved, and after the sale it fell off. The mother in law has been in a nursing home for quite a few years, and she will stay there for the rest of her life, she is the one who had the life estate.
Well after the sister in law realized that her selling the house and being the POA for her mother, the life estate came off and she was now responsible for her mother's care. Well she talked my aunt somehow into getting the life estate put back on to the house, that my aunt now owns fair and square, so she doesn't have to pay for care for her mother.
My question is, can my aunt, since she owns everything out right, it's all been paid for and is all legal, get rid of the life estate without having the "blessing" of the life estate POA, which would be the sister in law.
Only the recipient of the life estate can terminate it
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Yes it's possible. The recipient is in the position to make that outcome happen. I'd advise you to work with an experienced Trust / Estate attorney familiar with such work. See Avvo.com under 'Find-A-Lawyer'.
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In Texas we have more than one kind of "life estate" and although you gave it a good shot your facts are not entirely clear. I'm not sure you are operating with a correct understanding of the facts. It is highly unlikely that the sister-in-law would have a life estate in the mother-in-law's home. I just don't see how that occurs. Also, nothing in this story would make your aunt liable to pay for nursing care for the mother-in-law. So, she is afraid of something that is not possible. I sense that no one involved a lawyer at any step in these transactions. That would have been a good idea to do. It is always easier and less expensive to consult a lawyer before things are screwed up. Another troubling issue is the agent under the POA from the mother-in-law. An agent can never use a POA to benefit herself. You need to gather all the documents for your aunt and get her to visit an experienced real estate lawyer.
DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
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