What rights does someone have regarding a life estate?

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What rights does someone have regarding a life estate?

My grandmother passed away leaving us with 7 acres; the far back acre she has left as a living estate for her brother (since he has lived out there for many years). Once he passes away, the acre and all improvements revert back to the grandchildren’s estate. What rights does he and his children have to that acre? Can they do anything they want on that said acre without permission from the heirs of the estate?

Asked on March 30, 2014 under Estate Planning, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states concerning life estates, the surviving brother of your grandmother has the use of the life estate given him subject to the express written terms of what is written in the life estate. He can farm and live on the parcel but cannot damage it. As to payment of property taxes, you need to review the terms of the life estate.


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