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Mom deeded the family farm to Junior for as long as he ...

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Mom deeded the family farm to Junior “for as long as he shall live,” after which the farm would be deeded in fee simple to the First Methodist Church. What are Junior's rights and obligations with respect to the farm?
Submitted: 8 years ago.
Category: Legal
Expert:  LawHelpNow replied 8 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance. Junior has a life estate interest in the property. I will be glad to first discuss Junior's RIGHTS followed by his OBLIGATIONS with respect to the family farm.

  1. RIGHTS: Use and enjoyment of the property for the term of his life; Ownership of the estate for the duration of his life; Right to possess the land and enjoy its fruits of production; Taxation advantages
  2. OBLIGATIONS: Not to leave the property to heirs; Cannot give a greater interest than he owns; Prohibited from damaging or devaluing the land (doctrine of "waste"); Not to encumber property (i.e. "cloud title").

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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