Expert: Dick Dennis - 5/5/2009

Question
Dear Mr. Dennis,
I read your response regarding a life estate, "A life estate is only in existence as long as the person to whom the life estate was given is still living in that property. Since your mother no longer lives there, the life estate is no longer in existence.
To put in different words, someone wanted to make sure she would always have a place to live at no cost (in most cases). Some life estates require the owner (not the life estate beneficiary) to do EVERTHING, including property maintenance, taxes, etc.
The life estate beneficiary cannot be evicted or asked to move without her/his permission. When he/she cannot control their own life or moves out and lives elsewhere, then the life estate is no longer in effect. A document to that effect, perhaps created by a real estate attorney, should be recorded against the title of the property."
Mr. Dennis,
The title to my land is in my name, free and clear of any additional language. I gave my father an informal life estate for a mobile home on my property years ago. The problem is the home has been vacant for a few years since he lives elsewhere with a girlfriend. I recently rented the property very cheap to help out a new family. My father keeps sueing me and wants the home left vacant. I live in Nevada. Is there anywhere I can find a law to free me from continuous lawsuits? I keep looking through the N.R.S. but can't really find anything. Your answer has given me hope. Thanks for any help.

Answer
Since you really have a law case here, I strongly suggest you hire an attorney to get him off your back. You gave him an "informal" life estate. That tells me none exists. Anything in real estate must be in writing. If it is not in writing, it was never said.

As for constantly suing you, an attorney can address that because obviously your father is vexatious. Trouble is those kind of people cost other people money. I do wish you well.

Dick Dennis