- May 9, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Potential Inheritance Situation with Landlord
My 65-year-old landlord recently informed me about her intention to leave me her house once she passes away. Due to her ongoing medical issues, I have taken on the responsibility of caring for the property, including yard maintenance and snow removal. In return for my assistance, she has expressed her desire for me to continue helping her so she can avoid moving to a nursing home and, in exchange, she plans to leave me the house.
She has two children, but she has made it clear that she does not want them to inherit the property. In light of this unique situation, I am seeking guidance on the necessary legal steps to ensure that this arrangement can be carried out smoothly and in accordance with the law.
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Given that she wants to disinherit her kids I strongly suggest getting a local estate planning attorney involved. She probably needs a will or even better yet a living revocable trust which names you as the beneficiary of the house and then re-title the house in the name of the trust. But the disinheriting of kids is the tricky part. That will be very state specific and must be done right to minimize risk of litigation when she passes.
EDIT: If I were you I’d also make sure you keep at least $10-20k in savings to hire a lawyer once she passes if it becomes needed. In this type of situation the risk the kids would file a lawsuit is going to be pretty high I would think. So you’re going to want to have some liquidity to pay for those expenses if the time comes.
Here’s a worthwhile caveat: as she ages, it’s important to consider that you may end up being a part or full-time caretaker for several years by the end of her life.
>She’s been have medical issues and I’ve taken over on caring for the house and the upkeep of the yard and snow removal. So she can still live here and not have to go to a nursing home as long as I continue to help her she will leave me the house
Okay, so you’re doing unpaid labour for her now, in exchange for maybe getting the house later. That’s not a great plan. Her children could end up suing to get the house regardless of her wishes, but also she could just… change her mind.
You’re going to have to talk to a real estate lawyer to make this work. No amount of verbal or even written agreements between the two of you is going to remove the risk you’re taking on.
A Transfer on Death deed would be easiest, but not all states allow them.
Consult an attorney, as it’ll be sticky with her kids.
How long have you been her tenant? I’d be a bit suspicious of her intentions TBH, but that’s just me.
She needs to get a trust attorney fast
Random thought. If she is serious, maybe she should be evaluated by a therapist to ensure she is of sound mind. Have it documented and (maybe part of the estate documents) to prove competency for when the trust/will is challenged
Besides trust like others have suggested, still prepare mentally to be sued by the kids.
*You* shouldn’t do anything. *She* needs to do a will and/or a trust.
It is very common for elderly people who are dependent on non-family to help them survive to make promises about gifting their property as a way of encouraging the person helping them to continue helping them. Especially in the situation you describe, any change to a will or other estate planning naming you will be contested. But I’m going to guess that this woman does not even have a will or trust at all.
She can sign a deed with life estate, which will give you the property but gives her the right to stay in as long as she is alive.
How this works varies by state – research the specific laws in your state well, and then consult an attorney as necessary.
Beware if she is likely to end up on Medicaid for a nursing home any sale may be subject to “claw back” rules. In most states and most cases, there is a five year period when a property transferred is subject to such rules. In those cases, any transfer may have to be “unwound” before she could qualify for Medicaid paying for a nursing home. Again, these rules vary be state, so research the specific laws in your state well, and then consult an attorney as necessary.
She is 65.. that is not old at all. Do you really want to spend the next 20 years caring for this persy?
Not only does your landlady need to see an estate attorney to make sure all her documents are correct, you have to be very careful not to take this too seriously. I have seen many a bad tv show end with everyone squabbling over who was promised what and multiple wills being produced before the star solves the mystery and the evil doers confess.
In addition to legally having this woman’s preferences in writing, remember that she can change her mind and then where will you be? You can’t force her to keep you in her will any more than her children can. And you taking action to “make it work” might be be seen as coercion.
It is highly unlikely you will be able to keep her from going into a nursing home. Unless one or both of you are independently wealthy someone will have to work to earn the money for food, taxes and utilities. Who will be with her 24/7 when she’s bedridden, in kidney failure, or suffering from any other natural aging process?
Once she is in a nursing home Medicaid can place a lien on the house for any unpaid bills. There are special ways to safeguard the house, but again, you need to see an attorney to be sure everything is done properly and to be educated on what is involved.
I suggest that you ask for her children’s contact information, and know who has a durable or healthcare power of attorney. Who would you call if she fell down the stairs, after calling for an ambulance of course? Ask her if she has done any estate planning. Her children might have locked in their inheritance years ago. Ask if she want you to help her find a local Elder Law or Senior Care organization to speak to. You both need to know what your rights and obligations are.
And let’s face it, you might go before she does. Look both ways before you cross the street my friend.
You can’t do anything. It varies by state, but in general, she should create a will and have it notarized
The kids are absolutely going to claim undue influence and/or financial abuse of a vulnerable elderly adult. They are going to claim you talked her into giving you “their” inheritance by telling her lies about them, etc…. Because even if you are not doing any of that, it does happen all the time.
If she wants to do this, as others have said, she needs to get an estate planning attorney and it probably wouldn’t hurt to have a certification by a doctor that she is of sound mind.
Be ready for her family to fight it in court.
Here’s a better idea, because it’s what my grandmother did with me:
Is she willing to transfer the property to you BEFORE she passes? If her plan is to do it, I can’t see a reason to wait until death. In fact, that creates a LOT of extra issues.
Like she transfers the house while at the same time creating some type of lease for her protection that says that she lives in the house until her death or whatever (in case there’s a hospice care situation).
If the nursing home doesn’t take it then you need it in the will and a copy of
It’s touching that your landlord values your help so much that she wants to leave you her house. But you really need to talk to your landlord about her wishes and make sure she understands the legal implications of leaving her house to you instead of her children.
OP, does your landlord even own the house outright? In her name alone? If there is another name on that title, is that person for sure deceased? (Some people have estranged spouses they never actually divorce…disinheriting children is challenging, but disinheriting a living spouse is not even permitted in most states.)
She needs to see a lawyer (alone and NOT with you unless the attorney contacts and wants to meet with you) because the kids will raise holy hell about this and you could very easily be painted as an elder-abusing villain who manipulated an old lady into disinheriting her children. Your only role is to tell her to see an estate/wills/trust/probate lawyer and when she actually goes to one and produces a professionally prepared will, trust, deed, and/or other documents that indicate you as a sole inheritor of the asset in question, then you can take her seriously. Idle or even false promises (sometimes made to multiple people…) in hopes of getting something out of someone else are more common than you think.
Sounds like you should suggest that she sign you up for a 50-year lease or something as a fallback for when the kids try to fight it. With termination rights on your side, of course.
She retains a life estate and makes you the remainderman on the new deed.
You need an attorney.
She needs an attorney.
You need a contingency in the event you are unable to fulfill your end of the agreement for reasons that are beyond your control and beyond your reasonable ability. Her future health status is beyond your control and the care she may require in the future may become beyond your reasonable ability to provide it.
Not super complex. An estate planning attorney can make sure the kids get at least a $xxxx so they can’t dispute.
I would take steps to take ownership of it now, and come up with a rent-back agreement that the landlord would be satisfied with. This puts you at a slight disadvantage with respect to the valuation of the house, but at a much larger advantage with respect to not having to fight for ownership after her passing.
She needs a will to disinherit her children
Does she have a current will that ~~you’d~~ she’d be updating? This is not going to end like you think it’ll end and it’s going to cost you attorney fees figuring it all out.
Get it in a will or it didn’t happen
100% get it in writing and make it legal or those kids will come for you HARD
Wow, that’s a big responsibility your landlord is trusting you with. i think you might want to suggest she talk to a lawyer who specializes in estate planning. They can help her draft a will that clearly outlines her wishes and ensures everything is done legally.
You need to speak with an attorney, who can advise on the best legal avenues in your state. The will also tell you that, while possible, if her kids have any awareness at all that this has happened – they WILL take you to court when she dies, and you are going to want to have as much evidence as possible that she made this decision while she was of sound mind and without undue influence from you.
If you believe that this may be a spur of the moment decision, and/or that your landlord is prone to grandiose gestures, or that she frequently changes her mind – you should know that she could very easily undo your arrangement at literally any time (and without your knowledge).
A napkin that said “I changed my mind, my kids get the house,” could negate your arrangement.
I’m just saying you should be aware that you have very little ability to get her to follow through on her offer, before you become her caretaker – so make sure you that this is what she wants and that she won’t change her mind the first time you’re unavailable to cater to her needs.
Medicare might try and get some cash from her house also, talk to a lawyer.
In Texas the have Ladybird Deeds. I know a few other states have it, too. Not sure where you are at and if that is an option.
Lots of people just say things and never do them. Talk to a lawyer otherwise they could just be using you, even if it is a little old lady.
Kinda need to know where you live if you want any kind of legal or financial advice.
Practical advice is to think long and hard about what you are actually agreeing to if this is all even legal. It sounds like she is dangling a carrot (one she may very well intend to hand over) in hopes you will agree to look after her as she ages. And listen, this woman might have 30 years left in her, god-willing. Do you know what it’s like to care for an 80 year old person? What about one who is not all physically or mentally there? This could come at a huge cost to your personal time and freedom.
How much is the house worth in its’ present condition? If there is a money estate, i.e. monetary assets, ask landlady to prepare a will leaving the real property, house and land to you and the monetary assets to her church. If the sons try to break the will, the church will defend it.
Maybe discuss a rent to own or seller financing situation so she continues to get rent til she dies but you build equity and have clear ownership so the kids don’t have any cause to come after you
Old people are far more cunning and conniving than most people give them credit for. Not saying this is the case, but something to keep in mind OP
She will need to seek an attorney that does end of life work. They can write up a Trust, and put the house in that, and your name can be on the trust.
This way you both can manage the trust and when she goes, you will manage it.
Edit: if it is willed to you, then you’ll have to pay taxes on the “purchase” of the house worth. So if it is worth 100,000, you can expect to pay 20,000 RIGHT NOW, or the state will steal it from you.
Get an attorney to have it written out.
She needs a will stating what she wants.
I only have one bit to add:
If you get an attorney and this all goes through, upon her passing, change all the locks/passcodes/etc in the house and on the property.
From my understanding, she needs to “sell” it to you at least six months before she dies so Medicare can’t sieze it and force a sale. It also means it’s you’re not dealing with inheritance. Also doing it now means she is in her right mind and the kids can’t cry elser abuse or something. I’m not a lawyer though.
Have you watched the movie Knives Out? Describes your situation pretty well.
If she needs institutional care, the home asset will be essential to make that happen. It is unwise of her to guarantee that to you, and perhaps unwise to count on this.
If you care for her home for the next 3 years then she needs the home equity to get into nursing care, will you feel cheated?
If you were in France, you would get taxed 20% of the value of the house. Let say the house is worth 400k market value, u will have to pay 80k to the gov to get the house. If its worth more than 500k, the % will be 30% 🙂
I’d offer to pay for the attorney of her choice.