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DebraJo Asked July 2014

Gifted house to son without life tenancy. What to do now?

My son asked my daughter to tame me out of spite after an argument. I didn't know about life tenancy deed when I transferred my son to the deed. Will a rental lease for life give me some protection? In CALIF I understand I am just a "guest's with no legal residence rights. I am so sick I messed up. I am of sound mind but naiive and too trusting.
If the lease doesn't work than I will have to leave my house of 36 yrs. Am I on the right path? An apt is too high for rent. Thank you for your consideration _

EXPERT K. Gabriel Heiser Jul 2014
It's possible that if there was an "implied understanding" or "implied agreement" between you and your son that he would continue to allow you to live in the house for life, at the time you deeded the house to him outright and without any reservation of a life estate, that you now have a "constructive trust" interest in the house for life.

As you can see, this is a very technical legalistic point that only an expert attorney in real estate law can help you with. Thus, I suggest you consult such an attorney for advice about your situation. Hopefully you will be able to stay in your former home.

yipster7 Jul 2014
is the house deeded directly to him? are you still living in it?

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MaggieMarshall Jul 2014
You need to talk to an attorney. One wonders why you put your son's name on the deed.

pamstegma Jul 2014
DebraJo, I don't see why you would have to move, unless you needed a nursing home. You will not be eligible for Medicaid, because you gave away a very large asset. Medicaid looks back 5 years into your financial history and if the house was worth $50,0000, well, they will not pay for the first $50,000 for your care, if you gave it away within 5 years.
If you did this more than five years ago, you should be OK.

kazzaa Jul 2014
Can you not "undo" this?

Galoshes59 Jul 2014
Don't sign anything else until you see a lawyer and whatever you do, don't move out.

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