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  1. #1
    Join Date
    Aug 2008
    Posts
    12

    Default Life Estate vs. Remainderman's Interest

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

    Yes my question is can a life estate sell a home if there are remaindermans? My Brother and I are the remaindermans of our Dads house but we had heard from a good source that his girlfriend who is the life estate is trying to sell this home. She has a home of her own and just rents my Dads home to her son, does she have the right to do this? I am so upset to think this might happen. I want to know what my Brother and I have for rights if we are the legal owners of this home someday... Any help would be appreciated.

  2. #2

    Default Re: Life Estate vs. Remainderman's Inerest

    If there is a deed making you the remaindermen, then she cannot sell the house. She can rent it or sell her life estate. Why don't you offer to buy her out?

  3. #3
    Join Date
    Aug 2008
    Posts
    12

    Default Re: Life Estate vs. Remainderman's Inerest

    There is a deed, but who's hands its in I don't know. I just dont get how she can sell it if she legally don't own it? I am so confused. If she sells it than how do my brother and I ever get it? Any advice is very very helpful to me at this point. I had went to a Lawyer when I first got the will and he told me that she could rent it or live in it which she has her own house she rents it to her son but he said that she would never be able to sell it because she is only the life estate not the legal owner. I appreciate any advice you may have for me and my brother, we are so upset with all of this.

  4. #4
    Join Date
    Aug 2008
    Posts
    12

    Default Re: Life Estate vs. Remainderman's Inerest

    Oh and I forgot, I just dont have the money to buy her out, I have my own house payment to pay. So what does it mean sell her life estate? Does this mean we will never get the house... Oh I am so confused.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Re: Life Estate vs. Remainderman's Inerest

    Was the deed conveying the life estate to her, and making you and your brother remaindermen, registered with the county?

  6. #6
    Join Date
    Aug 2008
    Posts
    12

    Default Re: Life Estate vs. Remainderman's Interest

    The only things we got was a copy of the will and something from probate saying that his girlfriend was the personal representative. In the will it states that she is the non-life estate and than it goes on to say we are the remaindermans. I dont even know where to begin with all of this. I went to a lawyer but he was not helpful at all. He more or less said it is what it is.. How would I go about finding out where the deed is?

  7. #7
    Join Date
    Aug 2008
    Posts
    12

    Default Re: Life Estate vs. Remainderman's Interest

    Is anyone out there???

  8. #8

    Default Re: Life Estate vs. Remainderman's Interest

    Get the probate file from the court. You can order it for a small fee. There should have been a deed of distribution from the personal representative and this should be filed with the county.

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