What are my rights to property I own but in which my father has a life estate?

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What are my rights to property I own but in which my father has a life estate?

As part of my parents divorce, I was given a vacation property with a life estate given to my father based on a belief that he was going to retire to the property. He has not retired and uses it only as a weekend get away, yet has refused to allow me to visit/use the property with my friends. Is there any legal action I can take to gain access to the property when he is not using?

Asked on September 5, 2018 under Real Estate Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Actually, you have no rights here based on the facts presented. A life tenant has all of the same rights as an owner, except that they cannot sell the life estate. In other words, if your father only wants to use the property on week-ends, then that's his perogative. As long as he is not allowing any "waste" regarding the property (i.e. he is maintaining it, paying the taxes, etc.), then legally there is nothing that you can do.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Actually, you have no rights here based on the facts presented. A life tenant has all of the same rights as an owner, except that they cannot sell the life estate. In other words, if your father only wants to use the property on week-ends, then that's his perogative. As long as he is not allowing any "waste" regarding the property (i.e. he is maintaining it, paying the taxes, etc.), then legally there is nothing that you can do.


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