My husband died. His brother’s name on deed for life estate. Do I have the same rights?
ANSWER BY MARGARET CROSS-BELIVEAU:
A life estate grants the life tenant the right to live in the property for his lifetime. The other owner of the property is called the remainderman because he gets the remainder. Once the life tenant dies, the remainderman becomes a full owner of the property. If a remainderman owns the property in his own name and dies before the life tenant, the remainderman’s interest will be controlled by the remainderman’s will. If there is no will, then the state’s law of intestacy will control.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.