Legal Question in Real Estate Law in Texas

Life Estate On Land

Was told that I could get a Life Estate on a house that was left free and clear to myself and my brothers. That it would allow an alcholic brother that was written out of the will to claim homestead, live out the remainder of his years there, and inhibit his ability to sell it from under us. My oldest brother brought up an unsettling question. What about his common law wife? I said that I didn't think she had any claim since he was written out of the will. We are just allowing him to stay there out of the goodness of our hearts. And that the life estate would be in his name and had nothing to do with her. I recently found out that she uses drugs, does she present a problem? If she signed a legal document of some type stating that upon his death she had to go would that rectify the problem with her? This property is in Texas and I live in Georgia.


Asked on 3/13/09, 2:08 pm

1 Answer from Attorneys

Re: Life Estate On Land

Probably the path of least resistance here would be for the owner of the house to just execute a lease for the brother to live there, for some nominal amount of rent (say, enough to pay the taxes, and maintain the property).

This way, when he dies, the lease is terminated, and you won't have to worry too much about the spouse's claims--you can just evict her as a tenant.

This also allows you to evict the brother, should he start tearing down the house.

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Answered on 3/13/09, 3:05 pm


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