Legal Question in Wills and Trusts in Georgia

Re: Disposition of Property

Your sister in the house is called a "life tenant." (LT) Generally a LT is responsible for all the maintenance during the tenancy, her life. You are a remainderman (R). R usually can only interfere with a LT if the LT is comitting "waste." Destroying the property, cutting down peach orchards, failing to pay the county taxes as the come due, etc. If the LT is living and managing well, R cannot interfere. If the land produces rent, the LT not the R is entitled to the rent during life. So, in the converse you cannot get the Rent that would be charged, if any. If the LT lives in the property and others live in the property with her, I am certain you cannot get rent. The more interesting question arises if your sister moves to another state, moves in her relatives and does not collect rent. Can you then collect rent? Not a clear answer. I think on balance, no. The LT would be entitled to do whatever with the RE as long as alive, including collect and spend rent. Her physical possession not required. Interesting issues. Good Luck with them. HCW

Re: Disposition of Property

I agree with Hugh Wood. However, it also depends on the exact wording of the language in the will. I presume there is a will. If it is a "life estate" then she can live there, rent it, whatever she wants to do during her life. If there is limiting language in the will, that would control. So - it depends on the exact language present.