Life Estate -> One Different Owner

[gregmarietta]

Georgia: My mother is in a life estate with my sister. My mother owes me for work done on the house. Can I put a lien on the house for the money?

 

[seniorjudge]

Georgia: My mother is in a life estate with my sister. My mother owes me for work done on the house. Can I put a lien on the house for the money?

You can sue mom, get a judgment and then get a lien on whatever interest she has in the place.

Your post is unclear, but if all ma has is a life estate, then that is not worth much; if she doesn't pay the lien, then when she dies, there will be nothing for you to latch onto. Actually, there's not a whole lot to latch onto while she is alive either.

 

[tranquility]

Only if you want to get sued for abuse of process/malicious prosecution.

 

[gregmarietta]

trying to figure things out

mom buys house and puts in sister's name with agreement that sister will take care of her through burial. 12 years pass and they end up hating each other and mom wants to change deal and reclaim her house. sister says no that she has at least $20k in the house in investments over the years. mom denies that. at some point sister talks mom into life estate, mom thought she was getting the house back. mom is trying to find help in order to reclaim house and even offered sister 20k, when it got ready to sign sister changed her mind. now no one knows what to do.

 

[FlyingRon]

mom buys house and puts in sister's name with agreement that sister will take care of her through burial

Deeding away assets while you are still alive is bad for both parties, but that's water under the bridge now. I'm sure you see why. A reverse mortgage or several other options would have been better.

mom denies that. at some point sister talks mom into life estate, mom thought she was getting the house back.

Nope, just the right to use the house until she dies, of course, it also comes with the new obligation to maintain it and pay the taxes.

mom is trying to find help in order to reclaim house and even offered sister 20k, when it got ready to sign sister changed her mind. now no one knows what to do.

You will have to put family pressure on the sister. There sister has no legal obligation to return any interest in the house.