Legal Question in Wills and Trusts in Wisconsin

Life Tenants rights in selling property

My Mother & Father bought a cabin, did a quit claim deed & made each of their children a life tenant. After my Dad passed away, my Mom updated the quit claim deed to include our spouses. One of us is is going to buy the cabin, what rights does my Mother have in this process? The deed list all of us kids stating what share we each have and at the bottom of this statement it says ''excepting the Life Estate previously reserved by'' and then my Mothers name. It's my understanding that she has a right to participate in this process. Is this correct?


Asked on 11/24/05, 8:48 am

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Life Tenants rights in selling property

Greetings,

It is hard to advise you because I do not have

the deed to see. However, your mother has the right to stay in or use the cabin as long as she wants -- assuming the life estate is done properly. It is also my understanding that she should sign the new deed to approve change to the new Owner.

Best wishes, Mark J. Mahoney [email protected]

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Answered on 11/24/05, 3:41 pm


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