What to do if someone left a person a trailer but gave another person a life time right to stay there?

UPDATED: Apr 8, 2013

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What to do if someone left a person a trailer but gave another person a life time right to stay there?

Asked on April 8, 2013 under Estate Planning, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The fact is that someone can be given what is known as a "life estate" by another in their property (house, boat or, as here, a traler). This is typically done in a Will. This means that the person who was given the lifetime option to stay and remain until their death has a legally recognizable right. Accordingly, they are known as a "life tenant" and have all of the same rights and privileges as an owner except that they cannot sell the property and cannot allow it to deteriorate. (i.e. they must reasonably maintain it). Then, once they die, the legal owner also known as the "remainderman" (in this case you) has the right to take over full use and occupancy of the property but only then and not before.

Note: You could offer them a sum of money to leave earlier and hope that they accept it but you cannot force them out.

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.

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