What are a life tenant’s rights?

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What are a life tenant’s rights?

My great grandmother passed away years ago and in her Will she left the house to my grandmother stating that she can remain living there until she passes away. Upon her death, the house is to be sold and the money divided between my great grandmother’s remaining children. If my grandma has not passed away yet, are they allowed to sell the house now or do they have to wait until she dies?

Asked on August 15, 2019 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

They have to wait until she passes away: the life estate means that she has the right to live there for her entire life, and that in turn means that the house cannot be sold, since to sell it would be to violate her life estate and right to live there.


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