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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6848
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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my step mother has life estate in my dead fathers home .Im

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my step mother has life estate in my dead fathers home .I'm the remainderman.She just informed me she has bought a new home and is moving in 3 weeks. What do I do now?

Dan

Hello. Thanks for submitting this question. Generally, one of the problems with a life estate is that it is an unconditional right to possession of the property for the life of the tenant. It is not conditioned upon the person living in the home. She even has the right to rent it out if she wishes. My suggestion is to ask her to sign a Quitclaim deed to you which would terminate the life estate. You would of course pay the cost of drafting and recording it. If that doesn't work, you might offer to pay her something monthly for a long term lease. It all depends on what you want to do with the home.

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using this service. Your business is appreciated.

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