It’s now willed to his godson. My Mom is 82 and suffers from chronic illnesses. She has lived in this home for the past 40. Who is responsible for the care of the home such as roof repair, painting, etc? She seems to think that since she doesn’t own the home per se, she shouldn’t have to pay for major upkeep since the house is willed to the godson of her foster brother. The house is unkept and need of repairs. In fact, she should have never been a life tenant due to her age and medical condition. The godson had no idea of the condition of the property beforehand. He doesn’t know what it looks like now. The house should have been inspected. Who is responsible for this house? It’s a safety hazard, has mole, and mice infested, and filled with ‘stuff’. This is how my Mom chooses to live, because she “won’t do repairs on someone else’s home that she said was verbally agreed upon to be her home” by her late foster brother.
I agree with worrriedinCali, your Mom is responsible for the upkeep of the house being she has "Life Estate".
I assume your Mom is not paying rent or mortgage on the house. She is living there rent free.
You may want to talk with an Elder Law Attorney to see how Life Estate is explained in her State.
"Typically, the life tenant is responsible for the upkeep, maintenance and taxes related to the property during the period he or she resides in the property. If the life tenant fails to properly care for the property or fails to pay the taxes, the remaindermen may have the power to force the life tenant to release his or her life interest. At that time, the remaindermen could either move into the property or sell the property as they desire."
Has the house been turned over to godson? Looks like he has the right to make her leave. But if I was him, I wouldn't except the inheritance.
Sometimes you just have to wait for the crisis that forces change.
Good luck to you and God bless you for caring.