Life Estate Tenant versus Remainderman

[JHENKEL304]

Dad left house and property to my siblings and me, but granted life estate to his widow (our stepmother). We are on poor speaking terms. She had her attorney draft an agreement for us to consider and sign, granting that her daughter and proposed executrix of her estate be allowed what amounts to unlimited access to the property to clear out all of her stuff when she dies. and that we not "interfere with her duties". One of the issues is that the attorney makes it sound like we don't have any rights to the property until stepmom's will is probated, but we are the property remaindermen from my dad's death some years ago, so why would her probate have anything to do with our status as remainderman? Doesn't her death certificate suffice? Further - just in case we might consider an agreement (not under these unlimited conditions), how could we make sure insurance was continued, property was maintained, and utilities were paid if the executrix has unlimited access? Stepmom has lots of doodads...they are proposing to catalog and have estate sales and distribution out of the house - is this common?

[lwpat]

There is no requirement for you to sign anything and I would not. Out of respect, you would need to give them a reasonable time to vacate the premises prior to turning it over to you.

[JHENKEL304]

Thanks for your reply. What might you consider a reasonable amount of time, as these folks are notoriously slow - it took over 2 years for my stepmother to get my dad's will thru probate, as she was very slow with creating an inventory, and her daughter is cut from the same cloth. Again, why would our possession of the property hinge on the probate of her will? Thanks.