Legal Question in Wills and Trusts in Virginia
Power Of Attorney
A father is a life tenant on his son's property. The father is now in a nursing home and his daughter has power of attorney. Since the daughter has no desire to rent or even maintain the property, she would like the son to take full possession of the property now. Is this possible?
2 Answers from Attorneys
Re: Power Of Attorney
Assuming that the son in no way formally gifted an interest in his property to his father, he can take possession of his property anytime he feels like it without asking the father's permission(or that of anyone else, for that matter).
Re: Power Of Attorney
However, if father has in fact been formally gifted with a life estate by his son, then only the father and the remainderman(the son)can agree to extinguish the life tenancy of the father.
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