My mother died a little over 10 years ago. Before she died her attorney came to her deathbed and had her sign the estate planning documents ...

Question

My mother died a little over 10 years ago. Before she died her attorney came to her deathbed and had her sign the estate planning documents she had had him write several years ealier, but had never signed. In these documents, she had life estated her property and put her liquid assets in trust for my disabled brother. The life estate was written such that "if my brother would fail to use the property, or did not want it, it would become the property of the township where it was located.

My brother had a car accident some 25 years ago that has left him with severe brain damage and he cannot manage his finances or make important decisions. In addition, he receives social security benefits. Although my brother does live with his wife, he has used the property for storage, taken care of the property, and gone there when he needed time to be alone.

Everything was going fine until about a year ago when we learned the property had been transfered to the township 9 years ago, (only 1 year after my mother's death), presumeably to avoid property taxes, although the trust money was still being used to pay other expenses for the property, such as fire insurance.

The township, now under new leadership has decided to sell the property to the highest bidder and intends to use the money for a certain public recreational project.

Is there any legal remedy in which we could recover this property for my brother's use until he dies?

Answer

This is a complicated situation with many issues to deal with. See a law immediately.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Answer

No attorney can possibly answer the question without reviewing the will. However, I don't understand why if the township has it that the estate of your mother is still paying things. Either there is a life estate in your brother or there is not.

Since your brother is disabled and he is the one with the life estate his guardian or agent is going to have to have things reviewed by a real estate lawyer. If your brother has given up his life estate then the township is the owner of the land. They should be paying for things and they can do what they want with the land, including selling it.

If they do not have a valid interest and your brother never gave up the life estate then I don't see how the township could sell it. Its like being a "little pregnant." You are or aren't - there is no in between. However, it would be depend on what was done and the documents so that is why your brother's guardian needs to consult a local real estate attorney.