QUESTION
How does a land transfer take place when someone that has kept a life estate to they''re property dies and it was being rented out?
Asked on Mar 07th, 2012 on Estate Planning - Tennessee
More details to this question:
A lifetime Estate was kept by my grandmother who gave me the land (my dad died). My Grandmother would never give her daughter power of attorney over her (she is not a nice person). My Aunt has been granted Power of Attorney due to my Grandmother has been put on hospice now. My Aunt will not allow me to see her, she had me banded from the nursing home even prior to her having the right by Power of Attorney. My Aunt moved in her son to this home (she says for rental income) but he has now destroyed the inside of this home, and she has started tearing down the barn. I called the police to have them stop, the Officer only told her that my desires was for her to stop, which she told the officer she would not stop, and if I wanted to take her to court that I could............What are my options? How will I gain control of this land without having to deal with this hostility and resentment? How can I stop her from destroying what my grandmother gave me?
1 ANSWER
The life estate of an individual immediately terminates upon the death of the individual. The owner of the remainder interest, you, will then own the property without any court action. You will also have the right of immediate possession of the premises, subject to the rights of any tenants. As to tenants without a written lease, Tennessee law will presume a lease for a reasonable period of time, for instance 30 days, for the tenants to move out.
During the term of the life estate, the life tenant is required to make repairs for minor issues and to not commit waste. Destroying the barn in is violation of these duties and would give you the right to file a lawsuit to restrain your cousin from destroying the barn.
This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.
Answered on Mar 09th, 2012 at 12:08 PM