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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Life Estate Abandoned by the Widow

    My question involves real estate located in the State of: Texas
    Widow gets life estate as a result of husband's death (intestate). Widow moves out of [marital residence] and then out of state. Is the life estate "abandoned?" What are elements, proof of abandonment...besides waste of asset, nonpayment of taxes, failure to maintain, upkeep...direction, cases...would be appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,038

    Default Re: Life Estate Abandoned by the Widow

    It's not necessarily abandoned. If she's using the home as a vacation home, for example, it's not "abandoned" even if she rarely visits. She could also rent the home to a tenant. If she's in fact maintaining the property and paying its costs, just in case she wants to move back in the future, that's not abandonment either.

    What evidence do you have of abandonment?

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