Washington, DC asked in Contracts, Real Estate Law, Appeals / Appellate Law and Elder Law for North Carolina

Q: Can an owner with life rights remove a remaindermen who also has life rights

My father is a homeless veteran due to a consent judgment outside the original will.

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN

A: A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest you hire a competent NC attorney to search the title. Somebody may not actually have an enforceable life estate, and an Ejectment and/or Quiet Title may be necessary. The consent judgment may be voidable on its face, and a Rule 60 Motion needs to be filed.

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