Legal Question in Wills and Trusts in Virginia

Re: Lifetime Rights

You are using the term "lifetime rights" which is

not a typical way to describe this situation.

SO I would recommend studying the will to see

exactly how it is worded. For example, some

wills might suggest that the son has to actually

live there to have the benefits of it. Otherwise

the son would have the right to rent it out, etc.

A life interest or life estate means that the

person OWNS the house just like any other owner,

except that their ownership instantly terminates

at their death.

However, because the person owns the house only

until their death, they cannot sell it or

take a mortgage on it without the permission of

the other owner (called the "remainderman").

Also, the life tenant does have some

responsibilities to keep the house in

reasonably good shape and not commit "waste"

that would prejudice the later owner, the

remainderman.

Exactly what responsibilities the life tenant

has is tricky, becuase there is a difference

between regular maintenance vs. predictable

wear and tear. The life tenant does not have to

avoid routine wear and tear.

Re: Lifetime Rights

"Lifetime rights" most probably refers to a provision in your uncle's will wherein his nephew, i.e., his sister's son, has been granted a life estate which, if so, would entitle this particularly beneficiary to inhabit and have full use of the house and land during the course of this person's life, subject to whatever conditions which may be outlined in the will.

You may wish to have an attorney appropriately knowledgeable in wills, trusts, and estates, to review the will and clarify further any ambiguities which may continue to persist.