You cannot convey property to avoid creditors. The court can nullify the conveyance. You should consult with an attorney.
Can a son make you sell the house after his father dies and the mother is still alive?
You cannot sell the house because you conveyed the fee to your son and daughter. They can sell the house subject to your life estate. Or, you can all join in a deed and convey the house to a third party.
If the property is in your name alone then you can sell it.
She can give her share of the house to her son. If the title is properly recorded, he won't be able to sell the house, but he could sell his share of the house depending on how the title is written.
Thank you for passing your property to my son. Since I do not have a son, I guess it remains in limbo. If your son paid you the value (equity) of your home, you will have to disclose the transfer, but it will have no effect on your bankruptcy. If you gave the property to your son for free, and there was equity in the property, probably two years, if you gave the property knowing you were insolvent and intending to deprive your bankruptcy estate of the asset. It would have been better to discuss this with a bankruptcy lawyer before passing the property, as you might have been able to exempt the property in the filing.
If mother and son are indeed tenants in common then each has the right to the use and possession of the whole property. Son cannot mortgage or sell the property without the consent of mother. Mother cannot mortgage or sell the property without consent of son. Both are equal owners.
You need to do your estate planning several years before needing to be cared for in a nursing home. The reason is that the state can go back several years and attach property when the owner received government paid medical benefits. You should seek the advice of an attorney to discuss your options and the consequences of transferring your property to your son. If you simply want to transfer the property to your son then ask that the attorney explain only that issue to you and not an expensive estate planning scheme.
At this time your son owns a house and you are paying for the renovations to your sons house and if and when the house is sold your son will have to report the sale of the renovated house on his 1040 income tax return. You do not have anything to do with the ownership of this house at this time. If you and your son are planning on this being a ongoing business operation then you and he should get the operation set up correctly the way that you both agree to do this. When you have any profits someone has to pay the income taxes and it may not be capital gain taxes.
Son House was born on March 21, 1902.
Son House died on October 19, 1988 at the age of 86.
Definitely.... No, he definitely can not sell the property, thus, the Life-Use clause protects the property from being sold during the life-time of his mother.
2 years is a good rule of thumb as a look back period on things.....and of course that depends on what/how much...etc. But there won't be a problem at any time (before or after)...if the transaction is actually done between uninvolved parties and without any preference...meaning not to advantage one creditor (or yourself) in favor of another. If you knew the buyer well, had other business relations with them, or it was your son or something...it would be questioned fairly vigorously. And you can understand why.