Q: I’m in Virginia and have a question about lifetime right to property
I purchased real estate and allowed someone lifetime right and now she has been in a nursing home for almost 6 months I am being told she will never return and her son is in the property and trashing the place and not keep up with maintenance
A: I think you need to get to the details with a real lawyer. You need to review the actual grant of the life estate, because lay people often describe personal licenses as life estates. Then, you need to convey to the lawyer what the son is doing to the place, because a tenant, whether for years or for life, is not permitted waste. While a life estate exists for life, and habitation in a nursing home is still life, there are many things that can be explored and many threats that may help to temper further problems.
Ross Cameron Hart agrees with this answer
A: I agree with Mr. Sternberg - and you need to see a lawyer who understands Life Estate issues. It seems that the son is committing 'waste' which is prohibited, and action could be taken to stop it. But it won't be easy or inexpensive.
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