Estate Law Questions? Ask an Estate Lawyer.
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First, the life estate issue. Having reserved a life estate in the home, that continues for the term of his life whether or not he is living there. As long as he is alive he controls who occupies the house. He has the right to live there, to rent out the property, or allow someone to live there for free. Second, the issue with the irrevocable trust. Once a trust is irrevocable, it can only be broken or terminated with a court order which is difficult to obtain. The grantor and all beneficiaries (including potential contingent beneficiaries) must agree and there must be a justifiable reason in the court's view. Depending on the terms of the trust, it's possible the house could be sold or distributed from the trust, but only if the trust agreement as written provides for such.
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