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

Answers:

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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