Q: I inherited a property with my mother living there, i want to live there and she wants to remarry and stay... ?...
I am the beneficiary of a trust that was created in my fathers will when he died (Maryland 2014). The trust
leaves me as the sole beneficiary of a farm property. The will also says that my mother (still living) should have the right to live there as long as she likes. She currently lives in the main house. My husband and I have moved ( in a trailer) onto the property as well and are currently expecting a child. My relationship with my mother has deteriated sinse my father passed. She also now has a boyfriend and is seeking to marry him. I believe, and much of my deceased fathers family agrees, that the intent of the will was to set up a family farm. If my mother remarries or even chooses to live with the boyfriend do I legally have to allow him and my mother, who I dont get along with, to live in my house; while my husband and I struggle to raise a family in a trailer? What are my legal options to avoid this?
A: You’ll need to take the will and trust language to a lawyer to review. If your mother was granted a life estate in the house, then she can live there and have a live-in boyfriend. If something less than a life estate, it will depend on the language, but generally if there’s no prohibition then she probably is free to have him there. It may be that she does not have exclusive rights to the house, such that you and your family could move in. If that’s the case, it’s whomever gets fed up with the situation and moves out first.
Cedulie Renee Laumann agrees with this answer
A:
As another attorney noted, legal analysis of a particular Will/Trust really requires a look at the Trust language itself. Lifetime rights usually mean just that, but in some cases a will/trust might impose conditions or restrictions on the exercise of such rights.
Attorneys unfortunately do not often help repair strained relationships. However, if you have questions about the rights under the trust document, you may wish to seek a legal consultation with an attorney in your area.
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