What happens to a life estate if the life tenant becomes incapacitated?

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What happens to a life estate if the life tenant becomes incapacitated?

My father’s sister passed away some time ago. She left her real estate to my father for his natural life and the Will states the real estate goes to me and my sister at the time of his death. What if he develops Alzheimer’s Disease? Is there a way to have the real estate passed on to me in that case or would his wife “my step-mother” have control until his death? Ths is in community property state.

Asked on November 24, 2012 under Estate Planning, Texas

Answers:

Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

The life estate is for the life of your father regardless of the state of his health intervening; you will have to wait to inherit on his death; after that event, then you will have to probate the estate to get the title into you and your sister's names, so you can sell the property if you desire. As to the community property aspect of your question, this is separate property of your father until he dies, and your stepmother has no interest in the property and is not entitled to receive any interest in the property.


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