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When a life tenancy terminates, when in Massachusetts, may the remaindermen reclaim the dwelling, vacant, and free of tenant's caretaker and all personal property, and freely sell the dwelling?

Submitted: 606 days and 5 hours ago.
Category: Legal
Value: $30
Status: AWAITING CUSTOMER ACTION
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Posted by Shelley 606 days and 5 hours ago.

Answer

Yes. When a life tenant passes away, the property in the estate automatically passes to the remaindermen. The remaindermen become the legal owners and can evict any tenants or caretakers and sell the property. The remaindermen can require that the life tenants' estate remove any property that does not pass to the remaindermen.

606 days and 5 hours ago.

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Reply to Shelley's Post: I mentioned that I was interested in Massachusetts law. We know we can evict. That takes 6 months and a summary judgment, which will be costly. Since the tenancy terminates and immediately the dwelling becomes the sole possession of the remaindermen, can the remaindermen remove the caretaker and the property without such court process and delay? Can the remaindermen claim trespass on the part of the caretaker, and have the personal property, disposed of or stored at the estate's expense?What specifically are the rights of the remaindermen in such circumstances?

Answer

If the caretaker is a resident in the house and refuses to move on their own, you will have to evict then. They do have rights since the dwelling is their home. You can not claim trespass. If the estate does not remove the property by time the caretaker leaves then yes you can store the property at the estate's expense but you can not dispose of the property until you have made a demand on the estate to move the property and they have failed to do so.

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Expert: Shelley
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Answered: 3/26/2008

Lawyer (JD)

Attorney-Business degree from The University of Texas

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