Back Rent on Life Estate

[HyeLaw]

My question involves real estate located in the State of: va

In brief, I own a commercial property in which my mom has life estate on, since my dad passed away almost 3yrs ago, mom has been suing me for this and that (all false claims). The property has been in my possession for over 14 yrs. It was my bussiness and I moved out and rented it out for the last 1.5yrs. Have nothing in writing with mom to pay her anything as far as monthly rent and have not paid - I would give my DAD some occassional money to help him out and as a thank you - HE helped me purchase the property in the beginning. He never asked for money from me and would refuse anything I would pay. I have some letters and notes that state this - from him.

The only concern that I have is this: "mom" is asking for back rent for the time since my dad's passing to present for the property. Is this legal? Does she have the right to any money when there's no contract between us? Also, just to add, she never asked for the property, and refuses to take over the property on which she has life estate on - she has refused the keys in front of her and my attorneys and insists only getting the monthly rent. I refuse to work for her as getting paid is NOT easy for the property. I would rather hand her the keys! Is there anything to be concerned as far as her asking for some sort of back pay?

Would I be better off the mail her the key (certified) and be done?

Any suggestion would be helpful? (if only my lawyer would give me any input other than his HUGE bills - that would be great!)
Thank you.

[Mr. Knowitall]

The owner of a life estate has the exclusive right to use and enjoyment of the property, including the right to collect rent. You do not have a present estate in the land - your remainder interest is a future estate - and admit that you paid (and owe) rent. The fact that you paid rent to your father (who had no interest in the property) for a while, and don't want to pay your mother the rent now that your father has passed, is irrelevant to the fact that the life tenant is entitled to rent.

You need to determine your obligations to your own tenant - if you turn the keys over to mom and she attempts to evict them during their continuing lease term based upon her not having authorized their tenancy, they would have potential recourse against you. If they are month-to-month tenants you can give them proper notice, give your mom proper notice, and turn the property over to her at the end of the notice period. (Or you can verify that your mom will continue to rent to them, and give your mom proper notice that you're ending your own role and that she will have to deal with them directly as their new landlord.)

Mom needs to figure out if she would rather have you control and manage the property, or if she would rather take on the full obligations of her life tenancy. If you are removed from the middle, she will be obligated to make sure that the property is properly insured and maintained.

I suspect that there are more issues here than we known about, otherwise why the "HUGE bills", and you really do have to clarify these issues with your lawyer (or his successor).