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tlc12345

Grandma owns land

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I live in KY. My grandmother owns the property where her house sits on the right and my uncles house on the left. She said I could put a double wide next to her house but won't sign a deed for that bit of land over to me. She's 85 years old. When she passes the land on her side is supposed to go to my son, the land where my uncle lives is supposed to go to his son. My double wide would be located where my son inherits. No one has seen the will so I'm not sure who gets what. My grandmother says she will sign a paper saying I can live there till I die. I know the double wide will be mine legally but what about the land it sits on? Can anyone make me move or pay rent? My grandmother has 5 kids and 10 other grandkids. She wants the land to stay in the family and not be sold. Is there something I can write up, without going to a lawyer, that gives me rights but I can't sell it? If my son does get the land, that's great, but what if it goes to someone else? I was also told if she had to be put into a nursing home they would take her land anyway. How could I keep my part from my aunts, uncles, cousins, or anyone? I just want to make sure once I put all the work into that no one can swoop in and take it from me after she passes. I plan on giving everything to my son either way. Is there anyway I can see what's in her will? Can the nursing home really take someone's land? Any advice would be appreciated. Thanks.

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Your grandmother has told you what she's willing to do -- leave you a life estate so that you don't have to move the mobile home during your lifetime. You shouldn't contemplate pressuring her about anything else. If she wants to show you her will, she will. You're free to ask her to ensure that the will or an amendment addresses the life estate, but you can't (or shouldn't) force her.

A nursing home cannot take her property just because she stays in a nursing home. Of course, she'll want to address how the nursing home gets paid (assuming she ever makes use of a nursing home; she may die without doing so). You're free to look up Medicaid qualification.

If you're worried about ownership of land on which you put your home, then I suggest buying some property. (Apparently, your grandmother isn't interested in subdividing her property and giving you a piece (and it may be that land isn't divisible into smaller parcels in her locality -- e.g., each parcel must be a minimum size -- or the related cost is or seems too high to her to subdivide).

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 Any advice would be appreciated.

 

Here's my advice.

 

Stay as far away from this deal as you can. These family arrangements are often guaranteed to fail and you risk losing your MH or spending $5k to $10k to relocate it when somebody comes along and evicts you from property you don't own and don't have proper documentation of.

 

Then you'll be back to a site like this sobbing "What are my rights" and you won't have any, at least none that won't cost you a fortune to fight for in court..

 

I agree with Fallen, buy yourself your own property to live at.

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I don't have the money to buy another piece of property, especially when this one has already been promised to my 11 year old son. I currently live in her home and need to be close. I am her primary caregiver but my aunt has her POA. I also can not afford a lawyer to draw up paperwork for me. I would be ok with a life estate but would that still be in affect after she passes? My biggest concern is my aunt handles all legal issues of my grandma, even though I'm the one doing everything, I'm scared my aunt will change something and get control after she passes. My grandma intends to divide the land after she passes anyway, half to my cousin, half to my son. I just want to ensure the land under my double wide does not get taken from under me. So basically what I asking, will a life estate be in affect even after she passes? What would I need to include in the paper to make it legal and hold up in court to keep anyone from taking it from me against my grandmas wishes? I don't know if this matters but my grandmother currently doesn't pay taxes and I was told if she split the land up she would have to? I don't want anything to happen to her or take anything of hers she's using. I just want to protect myself from my greedy aunt who will try to throw me out once she's done using me to care for my grandma.

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Yes, a life estate will be valid after her death, if written properly. But you can't afford a lawyer, no one has seen the will, and there are vague "promises" that are unenforceable.

 

All your fears and your inability to obtain legal counsel (or cooperation) for the proper documents are exactly why you shouldn't buy an MH to put on your grandmother's property.

 

You live with her and take care of her, fine, keep it that way and stay put.

 

When she dies you'll find that none of those promises are being kept and all the relatives will be picking at her assets like vultures, leaving you out in the cold.

 

I hope you work for a living and are able to put away some money for the eventuality of having to make it on your own.

 

I've been on legal websites for 15 years and have read a ton of stories from people who have gotten involved in the same thing you propose to get involved in and end up getting screwed.

 

I know, it's tempting to trust family, but if what I've read over all these years is any indication, family will screw you worse than strangers.

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So your grandmother has five children and 10 grandchildren and, based on the information you provided, at least one great grandchild (your son). She allegedly intends to devise her land, including the land under one of her children's homes (your uncle) to a grandson and a great grandson. However, no one has seen the will. Anything shore of a deed transfer is going to be very risky for you . . . and you have already indicated that the aunt with some degree of authority to make legal decisions for your grandmother may not be aligned with your interests. There are several ways your grandmother could effect a conveyance, but all are likely to require paying fees for legal assistance.

 

Consider this . . . if you are not in a position to pay all the fee incidental to a home purchase, of whatever type, then you probably are not financially ready to assume the burden of maintaining a home and land that you own.  

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I know the double wide will be mine legally but what about the land it sits on?

 

What about it?  You seem not to know for sure what your grandmother's will says, and we obviously don't know anything more than you have told us.

 

 

 

Is there something I can write up, without going to a lawyer, that gives me rights but I can't sell it?

 

You can write up anything you like.  Whether your grandmother will sign it and whether anything you write up without the assistance of a qualified attorney will be any good are questions no one here will be in any position to answer.

 

 

 

I was also told if she had to be put into a nursing home they would take her land anyway.

 

I don't know who "they" are, but this is a vague reference to what may happen if your grandmother needs medical or nursing care that is paid for through medicaid.  Obviously, the public shouldn't be paying for her care if she has assets that can be sold to cover the cost.

 

 

 

How could I keep my part from my aunts, uncles, cousins, or anyone?

 

You don't have a part.  This is your grandmother's property.  It's hers, not yours.  If she wants to give you something, that's entirely up to her.

 

 

 

Is there anyway I can see what's in her will?

 

A will is a private document until and unless it is filed with the clerk of the county or court.  You're obviously free to ask your grandmother to see her will.  Whether that will go over well is obviously something we have no way of knowing.

 

 

 

I don't have the money to buy another piece of property, especially when this one has already been promised to my 11 year old son.

 

That the land was "promised" to your son obviously has nothing to do with your ability to afford property.  The bottom line is that, if you want to put a mobile home on your grandmother's property, you need to make sure you have an appropriate lease in place.  If she wants to give you something more than that, that's up to her.

 

 

 

I would be ok with a life estate but would that still be in affect after she passes?

 

A life estate would allow you to remain in possession of the property as long as you live.  Your grandmother's death would have no impact.

 

Handle this without proper legal representation at your own risk.

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You know your family. We do not. There is certainly the potential for any of the children or grandchildren or other relatives to contest the will, assuming it even says what you think it does. You should have an honest and frank talk with your grandmother and aunt to discuss her wishes for the future and her estate. If she is 85 and requires FT care, this really needs to be done soon. For one, if there is a will, you need to know where it is kept. If she refuses to discuss it, then all bets are off. If an 11 year old and one other child are the only ones named to inherit, it would be an odd family that stands idly by and accepts it.

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