Submitted by Bluesrains on Wed, 08/04/2010 - 21:23
Can A Life Estate Be Taken Away By The Giver? In my case the giver is my sister and she has had mental problems as of lately.
She has been in three Physic Hospitals in the past three months. My sister has lost touch with reality and is threatening to
take away my life estate. She thinks Ive done something to her, when I havnt. Im unable to reach her in her present condition.
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Can a life estate be taken away
I am sorry that your sister is having problems - that can be a very draining experience for everyone involved. With regard to your life estate, it really depends on the wording of the document by which your life estate was established. In my experience, most documents do not allow the grantor (your sister) to change her mind - meaning that the grant of your life estate would (in that scenario) be irrevocable.
The document may contain special wording that allows your sister to change her mind - so really the best approach would be to sit down with an attorney experienced in these matters and have them review the document.
Looking past your immediate concerns, you may need to consider the possibility that your sister needs help. A guardianship or a conservatorship (or both) may be indicated in this situation - particularly if your sister does not have the proper documents in place. Good luck
Attorney Peter Bernardin
Thank You!
Thank You Very Much Mr. Bernardin. I appreciate the time you took to answer my question.
Youve helped me alot.