Boonville, MO asked in Real Estate Law for Missouri

Q: Can a life estate with 2 remainderman be purchased by 1 remaindermen (1/2 to other) if tenant no longer lives there?

Life tenant moved out. One remainderman wants to own property without life estate in place by paying half value to other remainderman.

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1 Lawyer Answer
Anthony M. Avery
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A: Non possession by life tenant rarely terminates the life estate. So neither remainder has vested in possession under a normal life estate/ remainder deed. The would be fee owner needs to get deeds from both the life tenant and the other remainderman, probably for agreed monies. A partition action might be appropriate. Hire a MO attorney to search title and advise as to preparing prospective deeds, etc.

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