Under what conditions can you terminate a life tenancy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Under what conditions can you terminate a life tenancy?
I was willed a house and land by my grandfather. My mother who was in charge of his estate got him to give her a life lease. We live on the same property and the tension is getting thick because I feal she stole it. He passed away but she gets to stay there even though he wanted me to have it.
Asked on January 19, 2016 under Real Estate Law, Maine
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can't terminate it without the consent of the life tenant (e.g. she can agree to give up the tenancy, including because she was paid to do so), unless you can show that the testator (person making the will) was not mentally competent when he drafted the will giving the life tenant the tenancy (or was subject to duress, or to "undue influence," etc.). The problem is, if you challenge the will on these grounds, you are effectively challenging the whole will--including the part giving you the property. Bringing this type of challenge could be counterproductive.
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.