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AV Preeminent Peer Rated Attorneys
Atlanta Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Atlanta Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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  • 1858 Independence Square, Atlanta, GA 30338

  • 6400 Powers Ferry Road NW, Suite 386, Atlanta, GA 30339

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  • 6400 Powers Ferry Rd., Ste. 220, Atlanta, GA 30339

  • Atlanta, GA 30342

  • 3350 Riverwood Pkwy., Ste. 1900, Atlanta, GA 30339

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  • 480 Mt. Vernon Hwy., N.E., Atlanta, GA 30328-4142

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  • Atlanta, GA 31156

  • 945 East Paces Ferry Road, Suite 2220, Atlanta, GA 30326-1376

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

How can I give a Life Estate to my caregiver, then leave my son as the Remainderman on my house?

Answered by attorney Loraine M. DiSalvo
Estate Planning lawyer at Morgan & DiSalvo, P.C.
Why would you want to leave a life estate to your caregiver, and a remainder interest to your son? That's usually a red flag. That aside, and assuming that you have a legitimate and genuinely felt reason for wanting to reward your caregiver (I assume this is intended to take effect after your death and not during your lifetime), there are usually much better ways to do it than by giving the caretaker a life estate on your house. A life estate to be created at death would need to be provided for by either your Will or a trust you created during your lifetime (either a revocable trust or an irrevocable trust). You would need to ensure that you were the sole owner of 100% of the house during your lifetime, or that it was 100% owned by the Trustee of the trust, depending on the overall plan. The Executor or Trustee, after your death and after the estate or trust was properly administered, would then need to execute a deed which describes the life estate to be held by your caregiver and the remainder interest to be held by your son. Under a life estate, the caregiver would be responsible for 100% of the costs associated with owning the house: insurance, property taxes, maintenance, and repairs. Your son, as remainder interest holder, could sue the caregiver if the caregiver allowed the property to fall into disrepair or deliberately did things to damage the value of the property. The caregiver would not be able to borrow against the house - this could mean that the caregiver is unable to access the equity value of the house if needed to make repairs, and can be a problem. Upon the caregiver's death, your son (or any contingent remainder beneficiaries) would automatically become owner of 100% of the house. A life estate can be given somewhat more flexibility, but that just creates other issues. Disputes, and possibly even litigation, are almost certain to occur. A better way to reward a caregiver, if desired, is to have your estate plan provide a cash bequest for that person. If the house must be sold to fund the bequest, it can be. If your son really wants to own the house, he could even purchase the house from the estate if needed. Your son could then receive the rest of the assets (assuming he's the only other beneficiary). This way both get something soon after your death, your caregiver can use the cash bequest to buy a house, if desired, or for other purposes, without being locked into your house, and your son does not have to wait until the caregiver dies to receive the benefits of his interest in the house. You really should consult an experienced estate planning attorney for help in determining what you want to provide under your estate planning documents. Even if you decide to stick with a life estate, creating that interest properly, with a minimal number of problems, takes good legal work. It's not a do-it-yourself project.  
Why would you want to leave a life estate to your caregiver, and a remainder interest to your son? That's usually a red flag. That aside, and assuming that you have a legitimate and genuinely felt reason for wanting to reward your caregiver (I assume this is intended to take effect after your death and not during your lifetime), there are usually much better ways to do it than by giving the caretaker a life estate on your house. A life estate to be created at death would need to be provided for by either your Will or a trust you created during your lifetime (either a revocable trust or an irrevocable trust). You would need to ensure that you were the sole owner of 100% of the house during your lifetime, or that it was 100% owned by the Trustee of the trust, depending on the overall plan. The Executor or Trustee, after your death and after the estate or trust was properly administered, would then need to execute a deed which describes the life estate to be held by your caregiver and the remainder interest to be held by your son. Under a life estate, the caregiver would be responsible for 100% of the costs associated with owning the house: insurance, property taxes, maintenance, and repairs. Your son, as remainder interest holder, could sue the caregiver if the caregiver allowed the property to fall into disrepair or deliberately did things to damage the value of the property. The caregiver would not be able to borrow against the house - this could mean that the caregiver is unable to access the equity value of the house if needed to make repairs, and can be a problem. Upon the caregiver's death, your son (or any contingent remainder beneficiaries) would automatically become owner of 100% of the house. A life estate can be given somewhat more flexibility, but that just creates other issues. Disputes, and possibly even litigation, are almost certain to occur. A better way to reward a caregiver, if desired, is to have your estate plan provide a cash bequest for that person. If the house must be sold to fund the bequest, it can be. If your son really wants to own the house, he could even purchase the house from the estate if needed. Your son could then receive the rest of the assets (assuming he's the only other beneficiary). This way both get something soon after your death, your caregiver can use the cash bequest to buy a house, if desired, or for other purposes, without being locked into your house, and your son does not have to wait until the caregiver dies to receive the benefits of his interest in the house. You really should consult an experienced estate planning attorney for help in determining what you want to provide under your estate planning documents. Even if you decide to stick with a life estate, creating that interest properly, with a minimal number of problems, takes good legal work. It's not a do-it-yourself project.  
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Does she have a right to sell the home and keep the money from the sale?

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Answered by attorney Donald Keith Broad (Unclaimed Profile)
Estate Planning lawyer at Broad Law Firm, LLC
It is difficult to precisely answer your question without looking at the POA and what it actually states, but in general, your sister would likely have the power to sell the house, regardless of what your mother's will states. The money from that sale would be your mother's and would not belong to your sister.
It is difficult to precisely answer your question without looking at the POA and what it actually states, but in general, your sister would likely have the power to sell the house, regardless of what your mother's will states. The money from that sale would be your mother's and would not belong to your sister.
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Are the remaining payable on death funds in a deceased members banking account considered inheritance?

Robert W. Hughes
Answered by attorney Robert W. Hughes (Unclaimed Profile)
Estate Planning lawyer at Robert W. Hughes & Associates, P.C.
If you are named as the person who receives the balance in a bank accoutn at the death of another person, that money is not part of the probate estate.  That money is yours adn you have no obligatni to pay any of the deceased's person's bills or funeral expenses with the money.  It is yours to keep and spend as you see fit. 
If you are named as the person who receives the balance in a bank accoutn at the death of another person, that money is not part of the probate estate.  That money is yours adn you have no obligatni to pay any of the deceased's person's bills or funeral expenses with the money.  It is yours to keep and spend as you see fit. 
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