Asked in Family Law for Maryland

Q: Father Will states wife can live in home and when sold moneys goes to his kids. Is there any way kids could loose out?

Or if she moves out can kids force sale of home?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: You need to have a lawyer review the terms of the will. If a proper life estate was bequested to the wife, then she can remain in the house until she dies. Whether she can live elsewhere and rent it out to collect rental income and maintain control over it depends on the wording of the life estate. Whether she also has the right to mortgage the property is another unknown, which will be revealed in the wording of the life estate bequest. A life tenant owes certain duties to the remaindermen (you and your siblings) under the life estate not to cause waste or destruction of the property, or to allow it to go into foreclosure or auctioned due to unpaid taxes, etc.

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