Legal Question in Wills and Trusts in North Carolina
we own some land and have the deed to it but my father-in-law has lifetime right's. if he doesn't live on our land can he say who is allowed on the land?
Asked on 6/03/10, 8:37 pm
2 Answers from Attorneys
Yes. He has what is called a life estate. And you do not own the land; you are a remainderman. Think of rights to land as a bundle of 100 sticks - he holds 99 and you hold 1.
He has a duty to pay for the upkeep and maintenance of the loand. If he commits what is described as "waste" then you can bring an action against him. Why not see if he is willing to sell his life estate to you if he does not live on the land anymore? I do not know what the land and life estate would be worth. Talk to real estate attorney if this is something that you want to do.
Answered on 6/04/10, 11:57 am
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