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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22381
Experience:  14 years real estate, Realtor. Landlord 24+ years
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My father signed his house over to me but gave him and my

Resolved Question:

My father signed his house over to me but gave him and my step mother gave herself life right to after she got the POA .. does she have to live in the house she is renting it out She is holding up me up with the life right crap my fahter passed and how can i get her off of my property she was only married to him for a year and half
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
.
This really depends on how the life estate was written up and there is no way for me to tell you without actually seeing it.. Some of them state that the life tenant (that is what step mother is) has the right to only live there and gives that up when she moves away. But more commonly they state that the life tenant has the right to use and enjoy the property while they are living. That means that they can live there or rent it out if they choose to earn income.
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The life tenant does have the legal duty to maintain the property by paying for taxes, insurance and maintenance, and if they don't, the remainderman (you) can file a lawsuit for "waste" and ask a judge to terminate the life estate and accelerate your possession.
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So to know for sure, you would have to actually look at the grant of the life estate and see what it says.
.
.
Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22381
Experience: 14 years real estate, Realtor. Landlord 24+ years
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