• We’re currently investigating an issue related to the forum theme and styling that is impacting page layout and visual formatting. The problem has been identified, and we are actively working on a resolution. There is no impact to user data or functionality, this is strictly a front-end display issue. We’ll post an update once the fix has been deployed. Thanks for your patience while we get this sorted.

legal advice on house rental

Status
Not open for further replies.
W

Wheezer

Diamond Member
Old man and wife married for 60 years own a house...they share the house with one of HER sons. (the other is a selfish bastard)

Old man and wife title house over to HER good son in case one or both need to go to retirement home.

Years later Wife dies...Just the old man and the good son.

2 years after that the old man is in his 90's and having a hard time....he decides to go to assisted living.

The good son left in the house on his own...he suddenly dies with no will which means all his property INCLUDING the house go to his closest living relative....his brother....the bastard son.

It gets tied up in probate and the court says as long as the old man is alive he owns the house and can do with it as he pleases....since he is in a retirement home and his memory is going bad, his niece, who has power of attorney she decides to rent it out to help cover the old mans retirement home living costs.

Question....if a year rental contract is entered to with the niece, and the old man dies 6 months into the rental contract and the house reverts to the bastard son....is the original rental contract still binding or can he nullify it at any given time booting out the renters or raising their rent?


 
Interesting scenario. I'm no lawyer, but I would assume the contract is legally binding even if the old man happens to die.
 
Originally posted by: oldsmoboat
It's sill binding.
Unless you link to a video that everyone has already seen...
Click to expand...

Now why would the contract still be binding if the agreement is with someone who no longer has any legal ownership of the property?
 
Not enough info, sounds as though this family was not prepared. The costs for long term assisted living care could far exceed what the house is worth, then what?
 
Originally posted by: runzwithsizorz
Not enough info, sounds as though this family was not prepared. The costs for long term assisted living care could far exceed what the house is worth, then what?
Click to expand...

well, the old man has a nice stash of money to see him through plus any military benefits to help him. (bit of a mizer)

and yeah....the good son should have had a will in place...it's really too bad, all are nice people....a bit ignorant and short sighted but nice

The reason I am posting this is because the house is next door and the niece who has never been a land lord before has had several poor tenants....losers to say the least.

The last ones she had screwed her out of 3 months rent, $150 water bill and left the garage filled with trash even though it was paid by her, noisy kids and just all around idiots, so yeah, I have a vested interest in who moves in there. Besides I got along great with the old man, he put all his hard work into the house and I hate the idea of some fuckwads moving in and tearing it up.....that's just not right.


close family friends are looking for a new place, they would make great neighbors, have no problem with renting, are fastidious, almost OCD about cleaning house and paying bills so they would make great tenants. They took a quick walk through of the house and seemed to like it but because of the situation with ownership of the house are unsure if they should move or not...it would put them both a lot closer to work and in a quieter neighborhood two car garage and their own place rather than the duplex they are in now with noisy neighbors right above them.

@450/mo plus electric, gas and cable the place is a good bargain.

Plus even after the court crap is finalized they might be able to talk the bastard son into first right of refusal for purchase......
 
Originally posted by: Wheezer
Old man and wife married for 60 years own a house...they share the house with one of HER sons. (the other is a selfish bastard)

Old man and wife title house over to HER good son in case one or both need to go to retirement home.

Years later Wife dies...Just the old man and the good son.

2 years after that the old man is in his 90's and having a hard time....he decides to go to assisted living.

The good son left in the house on his own...he suddenly dies with no will which means all his property INCLUDING the house go to his closest living relative....his brother....the bastard son.

It gets tied up in probate and the court says as long as the old man is alive he owns the house and can do with it as he pleases....since he is in a retirement home and his memory is going bad, his niece, who has power of attorney she decides to rent it out to help cover the old mans retirement home living costs.

Question....if a year rental contract is entered to with the niece, and the old man dies 6 months into the rental contract and the house reverts to the bastard son....is the original rental contract still binding or can he nullify it at any given time booting out the renters or raising their rent?
Click to expand...

The two bolded parts do not make any sense legally unless there is more to the story.

BTW, such a lease would survive the death of the owner (and the sale of the property, too), but, I assume the lease has a right to terminate on 30 days notice in any event.

MotionMan
 
Did they do a lifetime estate with the property or is it a will ? If a estate I know this situation well. My family has land that is set up this way. The land is in my father and mothers name, but upon their death the land changes title to my brother. My father and mother can do what they want with the property except that they cannot do anything that would decrease the value of the property. If they damage the property then my brother has the right to come in and stop them because he is protecting the value of property that will be his.

Your case is very similar to someone who rents out a home they have mortgaged. If they fail to pay the payment, the house goes to the bank. Any lease is void and the bank can evict the tenant.


The smart thing to do in this case, provided it is not a lifetime estate, is to get the father to sign the property over to the niece. If it is an estate then you can only do that with the consent of the son.
 
Originally posted by: MotionMan
Originally posted by: Wheezer
Old man and wife married for 60 years own a house...they share the house with one of HER sons. (the other is a selfish bastard)

Old man and wife title house over to HER good son in case one or both need to go to retirement home.

Years later Wife dies...Just the old man and the good son.

2 years after that the old man is in his 90's and having a hard time....he decides to go to assisted living.

The good son left in the house on his own...he suddenly dies with no will which means all his property INCLUDING the house go to his closest living relative....his brother....the bastard son.

It gets tied up in probate and the court says as long as the old man is alive he owns the house and can do with it as he pleases....since he is in a retirement home and his memory is going bad, his niece, who has power of attorney she decides to rent it out to help cover the old mans retirement home living costs.

Question....if a year rental contract is entered to with the niece, and the old man dies 6 months into the rental contract and the house reverts to the bastard son....is the original rental contract still binding or can he nullify it at any given time booting out the renters or raising their rent?
Click to expand...

The two bolded parts do not make any sense legally unless there is more to the story.

BTW, such a lease would survive the death of the owner (and the sale of the property, too), but, I assume the lease has a right to terminate on 30 days notice in any event.

MotionMan
Click to expand...

the good son died of an Aortic aneurysm and left no will, and according to the probate court as long as the old man is still alive regardless of his condition it is still considered "his" property...I do not quite understand it myself, that is just what I have been told.

the moral in all this: HAVE A WILL...it is a real PITA for remaining family to have to sort through all this shit.





 
Status
Not open for further replies.

TRENDING THREADS

Back
Top