Legal Question in Real Estate Law in Texas
Life Estate
The home I presently occupy (Garland, Texas) was left to me in a life estate from my mother after her death in November, 2006. Disposition of residuary estate to be divided with 2 other parties. (no liens on this home) There is no communication between me and the other 2 parties because of their cruelty & negligence of my mother during the last 5 years of her life. The home at the time of my mother's death was in need of repair. Because of the bad blood in the family, I have decided to sell the house in its present condition and move to Tennessee. At the time mother's Will was probated I was told that the ''Will'' was my Deed to this home.
Questions:
(1) Can I sell this home without the other parties consent?
(2) If I can sell the house - What time frame do I have to pay them their cash portion from the sell of this house?
I anxiously await for your response.
--name removed--Johnson
1 Answer from Attorneys
Re: Life Estate
I would have to read the will to be sure, but in short, you cannot sell the entire house without the consent of the remaindermen. You only own the right to occupy the premises for the duration of your life. That's all you can sell to someone--the rights to occupy the house automatically end when you die. If you want to sell the house, I suggest you contact them, find out what they want, and collectively sell the house.
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