Legal Question in Wills and Trusts in California
Life Estate
a grandmother left grandchildren her real estate property but with the parents of said grandchildren having life estate, can said children force parents to leave property even though they are maintain, repairing as needed and paying all taxes.
2 Answers from Attorneys
Re: Life Estate
A life estate means the parents can use that property unless both are dead, as long as they do not destroy any part of the property, sell it, etc. They can not be forced to give up control unless they are endangering the property [burning parts of it down, etc.]. The grandchildren could be sued for trespass [they currently do not have the right to enter the property], elder abuse if the parents are old enough, etc. If they want the parents to leave, they should offer to buy the parents' life estates.
Re: Life Estate
The parent's life estate means they have the right to physical possession and occupation of the house until they die. The children do not have a possessory interest until then. Since they do not have a possessory interest they can not evict anyone.
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