Does moving out negate a life estate? 7 Answers as of July 11, 2013

If my step mother has a life estate in my father's estate and she decides to move ,would she still have that life estate? Does she have the right to move and then move back to said property?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
I believe she can move in and out, but she must pay the taxes and upkeep on the home regardless of whether she's in the house or not. If she jeopardizes the house by not paying the taxes, she can lose her life estate. Speak to an estate attorney about this matter. Good luck.
Answer Applies to: New York
Replied: 6/30/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
A life estate is the legal right to live in a property for a persons life. Moving put does not necessarily negate the life estate, the life estate is usually only negated through death or by the person signing a deed transferring their life estate to the remainder men (the people entitled to the property after the life estate holder's death).
Answer Applies to: New Hampshire
Replied: 6/29/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
A life estate does not depend on occupying the property. The person who has the life estate has all the rights of any property owner, but ends at the death of the identified life. She can live in it, let someone else live there, rent it, etc. Only if the life estate was granted with a condition of living there would she be required to live in the house.
Answer Applies to: California
Replied: 6/29/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
In most cases, she can, but it depends on the exact language that created the life estate, which I have not read in your case.
Answer Applies to: Georgia
Replied: 6/29/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
Generally, unless the life estate prohibits it, a person can move out and even rent the property or sell their life estate so someone else.
Answer Applies to: Florida
Replied: 6/29/2011
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