Can a life tenant evict the grantor if they also live in the house?

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Can a life tenant evict the grantor if they also live in the house?

Asked on December 25, 2011 under Real Estate Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A life tenant does not have a present ownership or future ownership in the property so a grantor cannot usually be evicted. If this is a revocable trust or testamentary instrument, the grantor (if alive) can simply revoke the directive and move the life tenant out. Ultimately, the life tenant will have to use care in the household and not waste anything or creat waste. Ultimately, there is an indirect responsibility I would argue to the final beneficiary.


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