Expert: Dick Dennis - 8/25/2006

Question
can a life estate be broken. my husband died with a will deviseing all property to me and my 11 yr old........ I got a life estate,can a lawyer get this changed so I can sell,as the property has become to much to maintain

Answer
A life estate is usually given by someone who in most cases gives that life estate as part of his will. That means the title to the property actually is in someone else's name.

If A dies and gives the property to B with the provision that C is given a life estate on that property, B must abide by that life estate for as long as C lives or wants to live there. If C does not want to live there anymore or is not willing to maintain the property, then all C has to do is to move out. It would be a good idea for C to do it in writing, too.

B can take over the property and C goes on about his/her life elsewhere. No money usually changes hands.

I do wish you well.

Dick Dennis             dixiedee13@aol.com