What ends a life estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

What ends a life estate?

My mother willed her mobile home and land to my sister and I but gave her husband a life estate. My mother died and the mobile home burned to the ground. Did his life estate go up in smoke? Can he put another mobile home there and should we let him? He is going to collect life insurance and home insurance totaling about $250,000, so should he be required to replace the mobile home? if he does

nothing he can’t live there because there is no home, so in that case does the property become my

mine and my sister’s outright?

Asked on April 8, 2018 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Oh my goodness I am so orry.  So there are some additional answers that need to be had here.  The very definition of a life estate means it is measured by the lide of the person to whom it is given.  But how and why did it burn down?  Was it due to the fault of your step father?  Because the holder of a life estate has an obligation to keep the property in a good state for the remaindermen - you and your sister.  And you and your sister may have an action against him for part of those insurance proceeds.  Go get help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption