Legal Question in Real Estate Law in Maryland
The issue I am seeking guidance on is this:
My Dad and his sister were given by Deed Joint Tenants Life Estate for Natural Lives to a vacation cabin in Minnesota. My sisters and cousins were given Remaindermen Rights on said deed.
My dad has been diagnosed with Dementia/Alzheimer's and is now in nursing home using full Medicaid for payment. My Dad filed a lawsuit with Crow Wing County to Partition the Property. His goal was to establish a time share type agreement so that he along with his daughters can use the property without the presence of his sister (other life estate holder). My Dad and his sister do not get along and he wishes to be there without her. She however moves into the cabin in mid-June and refuses to leave until end of August (which is the entire usable period due to weather). The issue has been going on for several years, so just prior to him entering the nursing home he filed the lawsuit. In the lawsuit he offered to continue to pay 1/2 of the yearly costs of property and asked for 1/2 of the year for his exclusive use.
The court gave an initial restraining order against his sister so that he could be there for one week this summer. And also stated that their only resolution to the issue was to force a sale of the property.
Is there a legal precedent/case law to support a time share type agreement vice selling? And can the court order just the life estates sold or can they order the property be sold without consent of remaindermen? And if the life estates are sold how does that work (are they sold at auction, highest bidder, or must they be sold at fair market value)?
Thank you!
1 Answer from Attorneys
If the property is in Minnesota this question should be posed to a Minnesota lawyer. Property law varies from state to state.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
