San Francisco, CA asked in Estate Planning and Real Estate Law for Delaware

Q: If you were given lifetime right of occupancy in residential property & it is sold without your consent - any recourse?

State is Delaware. I was given lifetime right of occupancy via my grandmother's will. She left the house to her oldest son, my uncle, with the caveat that I had a lifetime right of occupancy. Now, I have discovered that the house has been sold. No one told me about this. Wondering if I have any recourse here.

1 Lawyer Answer

Kenneth V Zichi

Answered
  • Estate Planning Lawyer
  • Howell, MI

A: I am assuming your grandmother has passed, because up until that point SHE can change the will and do something different, sell her house or otherwise do what you mention here without any issue.

If she has passed, was the will properly probated and the property transferred to you and your uncle according to the terms of the will? If so, then the REMAINDER interest in the house subject to your life 'lease' COULD be sold, but that won't impact your right to reside there. If it was not transferred properly, there is a whole nother kettle of fish to be done here.

Bottom line: if you want to assert your interest in the house, you need to have your own attorney review everything and provide you with real advice about what you need to do to protect yourself. Don't delay!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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