Any question I submit will not be treated as privileged or confidential and may be posted along with its response on www.AskHarry.info so others with similar issues can benefit from the response. This simple-yet-comprehensive guide provides everything you need to know (in plain English). As to what that person must pay, the will would control. The only exception is where the life tenant conveys the property to the remainderman. Your aunt will probably inherit whatever land is left of the original 37 acres when your grandparents die, but while they are alive, your grandparents can do what they want to with the property. Yeah, like I said, property law can be confusing; hence the need to discuss it with an attorney. For instance, if they want to convey a portion of their property to you, they can do so but ONLY FOR THE EXTENT OF THEIR LIVES. However, when the grandparents die, permanent ownership in the property is given to X's grandchildren. They may then be violating a contract or your brother may be able to go to court to block a sale, but I’d be surprised if he’d want to sue his sons. She is currently pursuing a Doctor of Philosophy in English. Upon death, the property belongs to aunt. What Happens to Medicaid When You Switch from SSI to SSDI? It basically means your grandparents retain all the rights of an owner until their death. Can Part Owner of Real Estate Create a Life Estate. Trump threatens to send in lawyers after election ends, Judge rejects GOP effort to toss 127K Houston votes, Iconic restaurant chain files for bankruptcy, Actor Eddie Hassell dies at 30 after being shot in Texas, Raiders player hospitalized after pregame IV mishap, Don't know how you caught COVID-19? Carrie Ferland is a practicing civil litigation defense attorney in the Philadelphia Area. Estates in land are fairly complicated and you would do better talking to an attorney that specializes in "Property Law. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Join Yahoo Answers and get 100 points today. You can sign in to vote the answer. In most cases, an owner-at-right cannot bequeath a lifetime estate to his beneficiaries. As the landowners, your grandparents have the right to dispose of the property any way they want to. Just what it says: the publication is purchasing the right to print your piece once and only once. How do you think about the answers? My brother has paid all expenses for the upkeep of the property and the taxes. Planned Giving Design Center: Life Estate Agreements. The grantee of a lifetime estate is known as a "life tenant" or an "owner-at-right," while the grantor is known as an "owner-at-fact.". As it appears THEY don't fully understand the concept, it is entirely possible that the only thing that ACTUALLY happened is that your aunt has been paying the property taxes, and your grandparent hold FULL title. I suggest having a Real Estate attorney do a title search. For example, a grantor can designate lifetime rights to a grantee for the duration of a disinterested third party's lifetime. How to Deed Your Land to Someone But Keep Lifetime Rights in North Carolina, How to Change the Title Deed of a Property After Death. My brother has paid all expenses for the upkeep of the property and the taxes. When a person has a life estate in land, they have a right to use the property. Should My Mother End Her Life Estate to Protect Home from Creditors? Ferland is a 2000 graduate of Pennsylvania State University and completed her Juris Doctorate and Master of Business Administration with the Dickinson School of Law. He can continue to use it as he sees fit. https://askharry.info/wp-content/uploads/2017/03/logo-harry-tagline.svg, https://askharry.info/wp-content/uploads/2018/04/istock-657816234.jpg. Question: My brother and sister-in-law turned their camp over to their three boys with lifetime use of it seven or eight years ago. You're not alone, Chauvinism driving Black men to vote for Trump: Ex-NAACP head, Terry Bradshaw helps stranger in viral video, Boxer's heinous accusations point to larger issue, DOJ alums: Trump reelection could be 'point of no return', Cindy McCain reveals 'final straw' with Trump. A lifetime estate allows the true owner of real property to grant sole, exclusive use and control of the property to another individual without granting permanent ownership. I understand that Harry may not be able to respond to my question at all, but if it does he will do so in a general matter on which I cannot rely as legal advice. Property rights give the owner or right holder the ability to do with the property what they choose. Do they LEGALLY have the right to make such a decision or is that my aunts decision? Can Our Father’s Widow Sell Her Life Estate in the Family Home? What this means is, when they die, the property (which they gave away) reverts to whomever was designated in the document that gave them the life estate. My brother and sister-in-law turned their camp over to their three boys with lifetime use of it seven or eight years ago. The court of law or the court of public opinion. Shorty has it correct, but just to put it in layman's terms: What likely happened is that your grandparents sold the property to your aunt, but retained a life estate for themselves. With my brother still alive and using the camp in the summer, do his sons have the right to sell it out from under him and without his permission? Your grandparents can "sell" one acre to you, even without aunt's permission, but you get that one acre only as long as your grandparents are alive. If reparations for slavery were paid to black americans would native americans be able to sue in court to get all their land back? Lifetime Rights vs Lifetime Use My question involves real estate located in the State of: VA My father passed away in Nov 07. I've attached a link that explains "life estates.". He has also remarried and where does that leave his new wife in this situation? This field is for validation purposes and should be left unchanged. Giving someone lifetime rights to a piece of property means that during that person's lifetime he or she may use the property as if it were his or her own. If I want a specific legal response and guidance, I will seek independent legal counsel from an attorney duly licensed in my state. The answer depends on what you mean by “lifetime use.” If your brother and sister-in-law retained a life estate on the deed to the property, then his sons can’t sell it without his agreement. Can a 20 year old female be charged for crime dating someone 14 and go straight to jail? However my grandparents retain "lifetime rights." But I think you're referring to a "life estate." Disclaimer I understand that by asking Harry a question, I am not creating an attorney-client relationship or receiving legal advice. If men got pregnant, would we be discussing the lawfulness of abortion? My sister-in-law passed away three years ago. They can give you rights to the property DURING their lifetime, but those rights revert to your aunt when your grandparents die. At that point, your aunt becomes owner, regardless of anything stated in their wills. Note that one can sell many different variations on "first" rights, as long as these variations don't overlap. Whoever gave them the "lifetime rights" also determined the disposition of the property at their deaths. Which court do you like better? After the death of the occupant, the life estate terminates and transfers to another person, known as the remainderman. Still have questions? A person who has a life estate in the property has the right to the use and possession of the property for the duration of their natural life. Will I get stuck with my mother's bills when she dies? The individual occupying and using the property is a life tenant. You have not explained how the situation came Should We Sell Our Parents’ Home in a Life Estate? Now I would like to have a piece of the property (about 1 acre) and my grandparents want to give it to me. The life tenant can convey away the life estate but can only convey what they have, i.e., a right to use the property for an amount of time as measured by the life of the life tenant. However, the new grantee can only retain the same interest as the owner-at-right, and the new grantee's ownership terminates fully upon the end of the specified lifetime. He or she may live in it or rent it but may not sell it. What Are Rights to Property with “Lifetime Use”? Any questions on it, consult an attorney specializing in property. Get your answers by asking now. As soon as they both die, aunt gets to kick you off, and gets to keep anything you may have built on that one acre plot. A lifetime right, formally known as a lifetime estate, is the designated right to own and use a piece of real property for the duration of an individual's lifetime. Upon the third party's death, the grantee's ownership terminates. A lifetime right, formally known as a lifetime estate, is the designated right to own and use a piece of real property for the duration of an individual's lifetime. My sister-in-law passed away three years ago. The above assumes that they legally transferred the title to your aunt an retained a life estate. Your grandparents have exclusive possession of the property until they both die. However, in a pur autre vie agreement, a beneficiary could inherit the owner-at-right's interest for the remainder of the designated lifetime. You grandparents can only convey their interests. I would need to see the will to answer that. Does this constitute a "life estate" or is she entitled only to literally live in the house until she dies?
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