If my stepdad lived in our house under a life estate,now that he’s deceased, what right does his family have to enter the home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my stepdad lived in our house under a life estate,now that he’s deceased, what right does his family have to enter the home?
Does his family have the right to the keys to let themselves into the home while the estate is being processed?
Asked on January 15, 2012 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. I can tell from the way that you have phrased this question that there is some tension here on this matter. I am assuming here that your Mother owned the house and granted her husband a life estate probably through her Will, correct? And in the Will it also named the "residual benficiaries" of the property, correct? Well technically they own the property now. Depending on how things were done when your Mother passed away - did you file a deed with the life estate listed? - you may or may not have to do anything at this juncture. Now, his family has a right to his belongings - they are part of his estate - but they should not just be entering the house with out permission. remember though that they just lost their parent too. Try and discuss the matter with them calmly before you change the locks. 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.