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Advice preparing for a possable conflict...? |
I own property in which I have given my mother life estate to. This was done by a deed through a lawyer; not a will and not self done. It is my understanding that: Doesn't she have to provide me with some documentation stating she has rights to the contents of the house. Honestly if there is someway that I can just give her everything and get it over with that would be great. However I know her and she will only attempt to complicate the situation. She has known for quite sometime that mother is dying and that she could go and get all her belongings, this is what an executor should do anyway to ease their duties after the death anyway. Since I own the property...I do have say to whom comes on the property (don't I) b/c its difficult to say who she will bring to the property will her when she decides to start the conflict. It would just make since to me if she could just provide me with documentation and have a innovatory list that her and myself could both sign off on stating that she has claimed all of mothers belongings and nothing else remains in the property that would be of the probate process. Make sure you have homeowners' insurance in place with a generous liability coverage, because the scenario that is coming will include (1) "missing" personal property and (2) fall due to a "defective, dangerous and trap-like condition" that your sister will use in a ploy to take the house. "It is my understanding that: Post "No Trespassing" signs on the property. Carry a video camera with you and film the contents. Record all of your conversations with the sister. A will would not supercede that document if indeed you were to reattain the property upon her death. If there is any question about this, you should seek counsel just to be sure. Also, even if your attorney assures you there is no issue, there might be a battle. WHen people die, it seems their relatives start battling over property. Your sister-in-law might try it and file suit that will be fruitless, but it will take a toll on your family nonetheless. Get your lawyer involved. Make sure they catalog everything in the house. Tell your mother its to help avoid conflict after she passes. No, do not allow her access unless she has the correct documentation and make darn sure that you let her know ahead of time that your attorney has done a complete inventory of the entire property. It looks to me like the only thing you really need to be protected against is her taking a long time to get everything out. You're not going to reduce that by fighting with her over formalities. Or else you may contact a legal expert online at websites like |
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