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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 26147
Experience:  12+ yrs. of experience including estate law.
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have a situation...dad and friends jointly owned property,

Resolved Question:

have a situation...dad and friends jointly owned property, each having a life estate. Friends die, now children own half of house.Dad has a life estate and solely lives in house, pays all taxes, upkeep, utilities. Do friend's children have right to access house whenever they want?
Submitted: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

A life estate is not inheritable. When a person holds a life estate, there will be one or more persons named as "remainderman". This is the person or persons who take title after the death of the holder of the life estate.

If Dad and Friend both held life estate, and fried dies? Then dad retains life estate until he dies...at which time the remainderman will take title to the property.

Customer: replied 1 year ago.

I do understand that, but my question was...do the other half owners of the house (that do not have a life estate) have access to the property? Can they stay there whenever they want or do they need permission from dad (who has the life estate and lives there)?

Expert:  P. Simmons replied 1 year ago.
No...no, so long as the life estate is in place the remainderman (one or more) have no right to occupy the property. This belongs to the holder of the life estate. So in this case, the friends need permission to stay so long as the dad is alive. Once he dies? The remainderman will have title to the property in their name
Customer: replied 1 year ago.

Even though they own 1/2 of the property as left to them by their parents?


 


This is extremely important as they he has a shore home and they are stating they have a right to stay there (vacation) since they own half of the property.

Expert:  P. Simmons replied 1 year ago.
You have to look at the respective titles

What you describe, dad is the life estate holder for the entire estate and they are remainderman. If that is the case? Then they have no right to access the property.

On the other hand, if dad has a partial life estate (so dad has life estate for 1/2 of the property and they own the other half)? Then they have the same rights to access as dad

So you have to look at the the titles.

If you contact the county recorders office they can get you a copy of the title...what does dad's say? Life estate for entire property? Then he owns it. Period.

But if it shows a life estate on only part of the property? Then the owner of the other part CAN occupy as they like.

Customer: replied 1 year ago.

Thank you very much! I will look at the title and see how it is worded.


 


You've been very helpful.


 


Lisa

Expert:  P. Simmons replied 1 year ago.
Yes Ma'am

Best of luck with this

Phil
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 26147
Experience: 12+ yrs. of experience including estate law.
P. Simmons and 5 other Estate Law Specialists are ready to help you

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