Can the owner of real estate have rights to it during the occupancy of a life tenant?

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Can the owner of real estate have rights to it during the occupancy of a life tenant?

The house was left to my youngest sister when my grandmother passed. My mom lives in the house with a life estate (and always has). My sister has moved in and refuses to move out because she says she owns the home. Can my mom legally have her moved out of the house (my sister pays nothing doesn’t even buy her own food)? Is there legal recourse for my mom in this matter?

Asked on January 9, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your mother has a life estate in the house that your sister has a remainder interest in, your mother has the exclusive use of the home to the exclusion of your sister unless the terms and conditions of your mother's life estate allows your sister occupancy of the home.

I suggest that your mother consult with a real estate attorney to review the terms and conditions of the life estate that she has in order to determine whether or not your mother has the legal right to evict your sister from the property you are writing about.


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