Legal Question in Wills and Trusts in California

life estate cut short

can a heir limit a life estate given to me to 10 years or is it worth fighting him in court to get the whole time of the life estate , I'm fifity now and his father passed away 10 months ago and he is selling the property where the life was given. wants to buy me out for 10 year value.


Asked on 11/04/07, 11:12 pm

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: life estate cut short

You can have the life estate statistically valued. He cannot force you to give up your life estate.

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Answered on 11/04/07, 11:47 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: life estate cut short

You do not have to sell. He can sell no more interest then he has. Sounds like to need an attorney to deal with this guy. Don't try to handle this alone.

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Answered on 11/04/07, 11:58 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: life estate cut short

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is no, a heir cannot limit a life estate, unless it is with your consent. Your other question was whether it is worth it to fight him in court, and that will likely take a detailed consultation with a financial planner and an attorney to determine.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.

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Answered on 11/05/07, 2:14 pm


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