News:

And we're back!

Main Menu

The Off Topic Topic

Started by Korea, March 10, 2009, 06:24:26 AM

Previous topic - Next topic

Maladict

Quote from: Barrister on October 21, 2020, 12:12:15 PM
Quote from: Tyr on October 21, 2020, 12:06:48 PM
Interesting the film was so long ago. I thought this was a fairly recent thing. Really mad story with the old lady. I'd feel dodgy enough trying this anyway then there's that "risk" and it meaning celebrating someone's death.

Nah, it's actually a quite ancient thing.  In Pride and Prejudice for example the family house only belongs to the family through a life estate belonging to the father - on his death the house goes to a distant cousin and the family would be homeless.

It seems to be having a bit of a revival here as well. Presumably because pensions aren't cutting it anymore for an increasing number of people.  Not a great sign for things to come.

Malthus

Quote from: Barrister on October 21, 2020, 10:41:45 AM
Quote from: Tyr on October 21, 2020, 09:10:22 AM
I've recently learned of a odd phenomena in France which is apparently spreading to other countries too.
"Viager Occupé": apparently the idea is you buy a lovely house for a massively knocked down price on the condition that the old person who is selling it gets to live there for life and you have to pay a monthly stipend to support them until they die and you can take the house.
This sounds.... Disturbing. Though I can see advantages considering the amount of old folks losing their home for nothing or being conned with equity release and such.
On the other hand... I have an excellent idea for a French comedy movie about some slime ball buying such a house and trying his darndest to shorten the lifespan of the lovable old lady who owns the house.

In the english common law it's called a life estate and it's not uncommon.

Hugh Hefner sold the Playboy Mansion on the same (or similar) terms.

We should put together a Languish tontine! 😀
The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

Admiral Yi

Quote from: Barrister on October 21, 2020, 12:12:15 PM
Nah, it's actually a quite ancient thing.  In Pride and Prejudice for example the family house only belongs to the family through a life estate belonging to the father - on his death the house goes to a distant cousin and the family would be homeless.

Isn't that a different thing, based on the terms of a will, rather than caused by the terms of third party lending?

For one thing, if the estate was going to be lost because of failure to repay a loan, Darcy could have and would have solved it.

Barrister

Quote from: Admiral Yi on October 21, 2020, 03:55:19 PM
Quote from: Barrister on October 21, 2020, 12:12:15 PM
Nah, it's actually a quite ancient thing.  In Pride and Prejudice for example the family house only belongs to the family through a life estate belonging to the father - on his death the house goes to a distant cousin and the family would be homeless.

Isn't that a different thing, based on the terms of a will, rather than caused by the terms of third party lending?

For one thing, if the estate was going to be lost because of failure to repay a loan, Darcy could have and would have solved it.

CC was the one who said a life estate is like a reverse mortgage.  I said kind-of-but-not-really.

Yes, in P&P the father was given a life estate in a will, with the remainder to the cousin.  You can sell a life-estate directly, but traditionally I think it was more common in estates.  While Darcy could I suppose have bought out the cousin (I googled it - Mr. Collins), but Mr. Collins would be under no obligation to sell, unlike in a loan or mortgage.

Really though this is all first year real property law school type stuff that you never really expect to see in the real world.
Posts here are my own private opinions.  I do not speak for my employer.

celedhring

My brother and her wife's first apartment was a life estate from her grandma (who actually didn't live there). Once the grandmother died, they had to move.

crazy canuck

Quote from: Barrister on October 21, 2020, 04:22:01 PM
Quote from: Admiral Yi on October 21, 2020, 03:55:19 PM
Quote from: Barrister on October 21, 2020, 12:12:15 PM
Nah, it's actually a quite ancient thing.  In Pride and Prejudice for example the family house only belongs to the family through a life estate belonging to the father - on his death the house goes to a distant cousin and the family would be homeless.

Isn't that a different thing, based on the terms of a will, rather than caused by the terms of third party lending?

For one thing, if the estate was going to be lost because of failure to repay a loan, Darcy could have and would have solved it.

CC was the one who said a life estate is like a reverse mortgage.  I said kind-of-but-not-really.

Yes, in P&P the father was given a life estate in a will, with the remainder to the cousin.  You can sell a life-estate directly, but traditionally I think it was more common in estates.  While Darcy could I suppose have bought out the cousin (I googled it - Mr. Collins), but Mr. Collins would be under no obligation to sell, unlike in a loan or mortgage.

Really though this is all first year real property law school type stuff that you never really expect to see in the real world.

It is actually a pretty common way to transfer property inter vivos to the next generation.

Tamas

Isn't this what in England is advertised on TV as "releasing equity"? Some firm gives you money and when you die they get your home.

Admiral Yi

Quote from: celedhring on October 21, 2020, 05:12:08 PM
My brother and her wife's first apartment was a life estate from her grandma (who actually didn't live there). Once the grandmother died, they had to move.

Would you care to speculate about grandma's reasoning?  Why give a present that only lasts the givers lifetime?  It's not like she has a need for it when she dies.

celedhring

Quote from: Admiral Yi on October 21, 2020, 05:27:53 PM
Quote from: celedhring on October 21, 2020, 05:12:08 PM
My brother and her wife's first apartment was a life estate from her grandma (who actually didn't live there). Once the grandmother died, they had to move.

Would you care to speculate about grandma's reasoning?  Why give a present that only lasts the givers lifetime?  It's not like she has a need for it when she dies.

The receiver of the life estate was the grandma. She let her granddaughter use it, since she actually received two flats in this way.

Razgovory

My cat caught her second mouse today.  Such a good cat. :)
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

Oexmelin

Que le grand cric me croque !

Razgovory

How did you the know the name of the mouse?
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

Oexmelin

Que le grand cric me croque !

Habbaku

A great man, and a tragedy to lose his constant attention to outing charlatans. Really funny in person too.
The medievals were only too right in taking nolo episcopari as the best reason a man could give to others for making him a bishop. Give me a king whose chief interest in life is stamps, railways, or race-horses; and who has the power to sack his Vizier (or whatever you care to call him) if he does not like the cut of his trousers.

Government is an abstract noun meaning the art and process of governing and it should be an offence to write it with a capital G or so as to refer to people.

-J. R. R. Tolkien

The Brain

Women want me. Men want to be with me.