Does life estate include spouse? 2 Answers as of July 20, 2011

My spouse and I live in a home where he has life estate given to him by his grandmother (she is now in assisted living with severe Alzheimers). If he dies before I do, do I just get evicted? As far as I know, the life estate is only in his name, with the grantor being a trust.

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The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
A life estate lasts as long as the life of the person who is the measuring life. So if your spouse is the named life, the life estate ends at their death and the person named to take the property after their death is the next owner. Whether they evict you or not is their decision.
Answer Applies to: California
Replied: 7/20/2011
Asset Protection and Elder Law Center
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
If the life estate only mentions his name then it stands for HIS life. It does not transfer to spouse. So you want to follow up on this since the Trust/beneficiaries have a right to either evict you, etc, depending on the terms of the Trust.
Answer Applies to: California
Replied: 7/19/2011
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