Ringwood, NJ asked in Estate Planning for New Jersey

Q: How does one go about terminating a life estate in real property?

I want to have the people given the life estate by a Will removed from the home and have the property sold and the proceeds distributed.

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3 Lawyer Answers
Rodney John Alberto
Rodney John Alberto
Answered
  • Forked River, NJ
  • Licensed in New Jersey

A: hello. It is really difficult to understand your legal needs by your question. Please be more specific, or call me at 732-200-0779. You can visit my website at www.elderlawbrothers.com. When you repost the question, I will try to find it and answer it for you.

Rodney John Alberto
Rodney John Alberto
Answered
  • Forked River, NJ
  • Licensed in New Jersey

A: hello. It is really difficult to understand your legal needs by your question. Please be more specific, or call me at 732-200-0779. You can visit my website at www.elderlawbrothers.com. When you repost the question, I will try to find it and answer it for you.

Jake Causing Santos
Jake Causing Santos
Answered
  • Estate Planning Lawyer
  • Mount Olive, NJ
  • Licensed in New Jersey

A: Typically, a life estate holder has the right to live in the property until their death. However, since the life estate was created by a Will, then the Will may have specified other scenarios when the life estate can be terminated. For example, the Will may have specified that the life estate holder only has a right to live in the house so long as they pay for the property taxes, so if they stop paying the property taxes then the life estate interest can be terminated. You would probably have to go to Court to have the judge order the life estate holder to move out if the life estate holder refuses to leave

Your question can not be easily answered because a thorough review of the Will would probably be necessary, so you should consult with an attorney experienced with probate and estate administration and life estates.

This information is not a substitute for competent legal advice. Any information provided assumes that the decedent's last residence was in NJ and the property in question is located in NJ.

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