Deep Run, NC asked in Estate Planning, Land Use & Zoning and Real Estate Law for North Carolina

Q: My husband has a life estate in the house we are living in. We recently married. If he dies what rights do I have?

Would having a lease agreement between us make it possible for me to remain here for the period of time of the agreement? My concern is being asked to move immediately.

2 Lawyer Answers
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: Your rights are derivative of your husband’s rights When his rights end, your rights end. His rights and when he dies.

A. Jase Allen
A. Jase Allen
  • Estate Planning Lawyer
  • Logan, UT

A: A life estate means he has rights during his lifetime. If he were to pass away, you don't have a life estate too. You may want to get a written agreement with the home owner, like an option to enter into a lease agreement if your husband dies.

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