Q: My mother has given me living rights to her property and my brother the remainderman rights.
Do I have to occupy the property to keep my living rights? There are also 2 houses on the property. I live in one and my brother lives in the other one. Do I have living rights to both houses and control as to which one of us lives in which house? Or can the remainderman be asked to move off the property entirely?
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A: The precise terms of the Estate must be examined, and it makes a difference whether it was a Deed or Will Devise. Assuming a simple LE/REM Deed, the life tenant is in control but can be sued for waste or a fraudulent conveyance. Remainderman vests in possession at your death, but has no authority during your life. Hire a competent TN attorney to examine the instrument. Remember someone has to pay taxes and insurance.
Peter J. Weinman agrees with this answer
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