Legal Question in Elder Law in Virginia

Re: Life Time Rights

Hello

You evidently mean legacy in a "Will".

"Lifetime rights" is a lay and not a lawyers expression. Presumably a court would interpret this as a bequest of a "life estate" in real property. ("home")

You do not state the relationship between the testator and the "surviving person". That could be important. Normally, in the absence of directions in the will to the contrary, the owner of a "life estate" has total rights of occupation

free of any obligations to anyone during the balance of their life. A life estatate owner must preserve the condition of the house except for

"ordinary wear", etc.

More detail can be given if you like. Perhaps a copy of will could be "pasted" on E-mail to me.

Wayne Comer, Esquire

Re: Life Time Rights

Giving someone lifetime rights to a piece of property means that during that person's lifetime he or she may use the property as if it were his or her own. He or she may live in it or rent it but may not sell it. As to what that person must pay, the will would control. I would need to see the will to answer that. If you would like further assistance, please call my office for an appointment: Elizabeth Ann Jones, P.C., 226 Maple Avenue West, Suite 202, Vienna, VA 22180, (703) 281-7606.