QUESTION
Do I have the right to go and see how much damage has occurred in my property?
Asked on Jun 22nd, 2013 on Estate Planning - California
More details to this question:
I own the house my stepmother lives in because she has life rights. There was a flash flood and I need to see the damage. We are not on speaking terms and says she will call sheriffs, have me arrested if I come on the property.
13 ANSWERS
You have a right to inspect the property at reasonable times with prior reasonable notice. To avoid bloodshed, it might be a good ideas to have someone else go do it for you.
Answered on Jun 25th, 2013 at 1:00 PM
Bankruptcy Attorney serving Charleston, SC
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Davis Law Firm
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As a a person with a remainder interest in the property, you have the right to see if the property is being properly maintained. A life tenant generally has a duty to maintain the property in the condition the property was in when the life estate began. You are not required to wait until your stepmother dies to find out if the property has been neglected, damaged or destroyed. You should not, however, go to the property without a Court Order.
Answered on Jun 24th, 2013 at 8:57 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Who maintains the insurance and files the claim? Does she have a legal life estate? Is the house part of a trust? At the least, you can drive by.
Answered on Jun 24th, 2013 at 7:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would hope that you could be allowed to inspect, and hope you have flood insurance. If she has a life estate she has a right to exclusive possession generally. If you have flood insurance file a claim and get the report form the insurance carrier.
Answered on Jun 24th, 2013 at 7:51 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Actually, you only have remainder rights. You do not technically "own the house." At any rate, she has the right to possess the property, and unless you can prove that she is committing waste, then you would not have any rights to inspect the premises. Presumably, the insurance company will repair the damages and the place will be made as good as new.
Answered on Jun 24th, 2013 at 7:51 PM
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Additional factors need to be considered, does she have a life estate or is the property in trust and she is allowed to reside there? If it is in trust ,what does the trust provide? If it is not in trust, then you are probably out of luck, unless there is a provision in the deed. You should probably have all documents reviewed by an attorney before you do or don't do something about the issue.
Answered on Jun 24th, 2013 at 6:06 PM
No, you have no apparent right to enter the property. Her title is a LIFE ESTATE, no she lives there because she has life rights. She has a title almost the same as if it were fee simple. She stays there until she gives up the life estate or dies. The Life Estate may be taxable to her estate. Whether she had a flood or fire, it is her property until she dies. It is not yours to inspect, fix, maintain, live in or otherwise... until she dies.
Answered on Jun 24th, 2013 at 6:06 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Get yourself legal counsel to file a legal action in probate court to obtain an order to inspect the property so as to prevent waste to the asset.
Answered on Jun 24th, 2013 at 6:06 PM
Thomas Edward Gates
No, your rights do not vest under her death.
Answered on Jun 24th, 2013 at 11:11 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Go to the local sheriff's office or police department. Take copies of the deeds showing you have an ownership interest. If they will tell you can look at the property and they will accompany you, you should go. If they will not, you shouldn't go there.
Answered on Jun 24th, 2013 at 11:10 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You may need to go to court and get an emergency protective order. I would recommend hiring an attorney as an intermediary to see if a property inspector can get inside the property and prepare a report for you.
Answered on Jun 24th, 2013 at 11:10 AM
Have a third party contact your stepmother and ask to inspect the property for flood damage; someone she already knows would be best. If you have documentation that proves you own the house, you should be able to enter it yourself for this purpose. If the house is still in her name, you'll need her permission. However, she has a legal obligation to maintain the property for the person who will inherit the house after she dies or leaves it permanently. Worst case, you can petition a court to grant you entry for inspection purposes only.
Answered on Jun 24th, 2013 at 11:09 AM
2 Awards
Give her notice and ask for a sheriff's escort. Also have a copy of the deed on hand showing you are a vested owner. You don't have the right to go unannounced or simply enter the property but you do have rights.
Answered on Jun 24th, 2013 at 10:53 AM