If my father-in-law left life estate rights to my mother-in-law and a grandson, does that terminate their life rights to the home?

The grandson moved out of the home a year before my father in law passed away and my mother in law moved out last spring.

Asked on November 17, 2014 under Estate Planning, West Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Please speak with an attorney about what your state law requires on terminating a life estate.  Generally only the death of the life tenants terminate the life estate.  However, this can also be done if the life tenant agrees to a sale, etc., and relinquishes but state law will govern.  There are a whole host of other issues as to maintenance of the property and other life tenant obligations as well. Good luck.

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