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Traxx · Jan 11, 2010, 07:40 AM

I am the "Remainderman" for a home left to me by my father in his will. My stepmother is the "Life Tenant". Her attorney is refusing to allow me personal access to the home. I would like to visit the home periodically to determine if she is indeed fulfilling her responsibility to adequately maintain the home.

Does anyone know if I have any rights to visit the home? I know she has the responsibility for maintenance on the home, but I do not know how I could determine that she is not maintaining the home without visiting it. Her attorney claims I would be guilty of trespass if I did so.

ScottGem · Jan 11, 2010, 08:12 AM

What are the terms of the life tenancy? Is the property now in your name?

Fr_Chuck · Jan 11, 2010, 08:15 AM

What are the terms in the life estate, but if she is refusing, you may have to take her to court and force her to.

stinawords · Jan 11, 2010, 08:33 AM

What does your attorney say? Obviously she has one so if you want to take it to court you will need one too. How is the life estate worded? You as the "remainderman" are entitled to the remainder. Now, I'm not saying that she should trash the house just so you have nothing left but she has first rights as the life tenant. But like I said you might want to look into gettting your own attorney and going to court if you think that she isn't holding up to the standards listed in her Life Tenancy. Is the home already in your name or in trust or something else?

AK lawyer · Jan 11, 2010, 08:45 AM

Originally Posted by ScottGem

... Is the property now in your name?

Originally Posted by stinawords

... Is the home already in your name or in trust or something else?

A life estate/remainder is usually created by a deed. It would say something like this: "Grantor conveys [legal description] to L for life, and the remainder to R".

Traxx · Jan 11, 2010, 12:40 PM

Thanks to all those responding. This was extremely helpful.

Golden1 · May 13, 2011, 01:11 PM

She as the life estate owner has the right to use the house as any owner would for the duration of her life. However, she cannot waste the house. It is true that as Remaindermen, she does not have to allow you on the property as your interest is a FUTURE interest and does have the right to remove you. That being said, I don't really know how you would gain access to the property. I suppose you could go to court, however, you would probably have to prove somehow that she is in fact "wasting" the property.