Legal Question in Wills and Trusts in Texas
In a life Estate, can the person holding the life-estate deed (not the life-tenent) file a restraining order against a person they do not want on the property? Even though the life-tenent still lives there and wants to allow that certain person on the property? Basically does the person holding the life-estate deed have any legal say in matters concerning the property, as long as the life-tenent still lives there and is alive?
1 Answer from Attorneys
You're questions are in conflict. In a life estate, there are 2 holders in interest. 1. The life tenant and 2. The remainderman (whose interest becomes fee simple when the life tenant dies). The life tenant IS the holder of the life estate. So, to answer your questions.
1. Yes. But maybe you are thinking remainderman? If that is the case, the answer may be different.
2. Not sure what you're asking, but life tenant has the property as "his or hers" as long as the life tenant is alive and is able to treat the property as such.
3. Yes (if you're talking about the remainderman) if there is concern as to waste or damage to the property.
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