Roanoke, TX asked in Real Estate Law for Virginia

Q: In a Life Estate Will can siblings NOT design. to live in the house, move in w/o approval of those who were designated?

Should the sheriff be called if non-will-designated siblings try to move into the

House?

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2 Lawyer Answers
Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: Your question - including abbreviations - is too cryptic and lacks enough information for a complete answer. Restate with enough information (use "A", "B", "C" to designate individuals, such as "A" died and in her will . . . "

Richard Sternberg agrees with this answer

Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: I don’t understand your question. If you are the life tenant, you have a right to occupy until your (or the life designee’s) death subject to claims of waste by the remainder-men. If someone else is the life tenant, you have nothing but a claim for waste until the life tenant (or the life designee’s) death. If you are one of the current common co-tenants, your co-tenants must agree on revisions or you can resolve the differences by sale or partition and splitting the proceeds. If you don’t understand the terms, but a consult with a Virginia lawyer before you back yourself into a property tort case. Such cases are quite expensive.

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