As a life tenant, doI have timber rights on the property?

Get Legal Help Today

 Secured with SHA-256 Encryption

As a life tenant, doI have timber rights on the property?

My mother gave me some property in a lifetime estate. It will be totally mine free and clear when she passes. Do I have rights to sell some of the timber on it?

Asked on July 12, 2011 under Real Estate Law, Tennessee

Answers:

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

Answered 10 years ago | Contributor

It really depends on the wording or the "terms" of the life estate and what you can do.  Without a doubt once the estate passes to you in fee simple you will have complete ownership rights to the property and the right to sell the timber as you please.  But if the life estate limits you in any way then you should not do anything.  Say you were not the remainderman - the person who gets the property after the life estate is over - and you did something to de-value the property during the life estate so that the remainderman gets less than expected.  That could be a problem under state law.  So even though you are the remainderman here I would double check with an attorney in your area by letting him or her read the documents involved.  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