Posted by eric on February 07, 2005 at 10:19:15:
Go seek the advice of an attorney experienced in condemnation proceedings.
It sounds like the mothe has a “life estate” in the property. The law in this area varies from state to state. Generally speaking, the mother would get some of the proceeds. This is not something that you want to figure out using message boards. Your friend needs to get a lawyer.
Life Lease & Public Domain - Posted by Steve Hanan
Posted by Steve Hanan on February 06, 2005 at 01:42:39:
I have a friend (really it is a friend) whose mother has a “life lease” on the house she shares with her daughter and her family. It is not a trust but what I understand is just part of the deed and says that the mother has a life lease. This is a rural property and the county is going to widen the road and will be taking a strip of land in order to perform the project. The land has some timber on it and will be used to help determine “fair market value”. Now the problem: The county’s agent has included the mother in the negotiations fully. Not only that the agent states that the check will probably be cut in the name of the mother ONLY or “maybe” the two of them.
The daughter is the sole owner of the property. Receives property taxes ONLY in her name and has been the sole person to pay these taxes for the past 27 years.
There is no doubt that the county is going to take the land and of course they are trying to lowball the figure but that is not the question.
The question is: If the mother only has a life lease and the house and all of its amenities will in no way be effected by this action, is she entitled to any of the procedes of the sale?
Our feeling is 1. sole ownership of the property (very small farm with house and barn)is in the name of the daughter. 2. the daughter pays all taxes and upkeep on the property and has done so for the past 27+ years. 3. the mother does not contribute in anyway to the farm and only from time to time will purchase something like a washing machine for the good of the family. In other words she does not contribute to the property taxes and is not on the property tax bill.
Given this information would someone please like to give an opinion. Time is of the essence and my friend is trying to decide if she should get an attorney as this has implications that reach far past the small payment she will get from the takeover by public domain.
Thanks so much,
Steve