Living Estate Sale Proceeds

Summary

When selling a property with a living estate, proceeds typically go to the life tenant (Patricia) first. The remaindermen (the children) have rights only after the life tenants death. The five-year look-back period is relevant for Medicaid eligibility, not for the right to sell or leave the property. Consult a local attorney for specific advice.

Full Conversation

David
Hello ****. It seems like there's some confusion in your response. Could you please elaborate on what the legal issue with David is? Also, your location could be helpful for providing accurate information.
My name is Dave and I have a que
Hello Dave, I'm here to help. Could you please share your legal question with me? Also, your location could be helpful for providing accurate information.
I am wanting to get an answér for my mother in law patricia
Hello! It appears there's some confusion. Can you please clarify your legal question and specify the location, so I can provide the most relevant information?
We live in Duluth mn
Hello Dave, thank you for providing the location. Now, could you please clarify the legal question you have on behalf of ****?
My mother in law has a living estate with fouf children listed she has been in her home for more than the five year period
Hello Dave, thank you for clarifying. Just to confirm, are you seeking information on how the five-year period affects the living estate and its distribution among the four children?
She can no longer live in her home and wants to go to a more easier place to place to live
Hello Dave, if **** wishes to move, she can. The "five-year look-back" period is crucial for Medicaid purposes, not for her right to sell or leave the property. However, the sale of the home may impact her Medicaid eligibility. Consult a local attorney for specific advice.
She wants to know if the funds from the sale would go directly to her or decided between
Hello Dave, typically when a property with a living estate is sold, the proceeds would first go to **** as she holds the life estate. The remaindermen (the children) only have rights after ****'s death. Legal advice from a local attorney is recommended.