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Question

My Mother-in-law has a living estate on the house my wife and I own but has not lived in the residence for several years. Is the living estate still valid?

Submitted: 878 days and 6 hours ago.
Category: Legal
Value: $9
Status: CLOSED
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Lafayette, Oregon

Already Tried:
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Posted by Lawmoe 878 days and 6 hours ago.

Answer

The answer depends on the language of the life estate. Generally, such devises will indicate that the person holds a life estate so long as they live or continue to reside inthe property. If she no longer resides there and the life estate indicates that this is an operational event, the property then goes to the next beneficiary.

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877 days and 16 hours ago.

Reply

Reply to Lawmoe's Post: How would I go about finding this document?

Accepted Answer

Was the life estate created as part of the provisions of a WIll? How did you acquire the property and how was the life estate created in the first place? That is the document you need. There is no centralized repository for such a document.

You may wish to start by checking property records and see what is denoted on the title.

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Edited by Lawmoe on 6/29/2007 at 3:02 PM

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Expert: Lawmoe
Pos. Feedback: 97.9 %
Accepts: 
Answered: 6/29/2007

Lawyer (JD)

Lawyer with 16 years of litigation experience in state and federal court systems.

877 days and 16 hours ago.

Reply

I am checking with the title company but my wife says it was a provision of a will before we acquired the property. The title company shows no life estate but has the mother-in-law listed on the deed of trust.

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