How does a life time diary work when the property was put in my name my brothers name nd my sisters name?

Asked about 2 years ago - Little Birch, WV

pairents had it set up before they devoriced,nd my mom is remarried nd my father dont live on the property,yet he wont let me or my brother on the property.ive been wantin to move onto it but he wont let me.

Attorney answers (3)

  1. Thomas J Callahan

    Contributor Level 18

    1

    Lawyer agrees

    Answered . I will take a shot at this, although as others have said "life time diary" means nothing.

    You first have to tell us who owns the property now. Your question says you and your brother do, but then refers to something your parents set up before they were divorced. Well, if they set up anything, it would mean they had to own the property for whatever they did to have any legal effect.

    If you mean a "life estate" and that a life estate was given to your father, what that means is that your father has the right to live on the property for as long as he lives, regardless of who owns the property. With that right comes the right to deny the owners the opportunity to live at the property, if doing so would interfere with his rights.

    What can you do? That depends, first on more clarity to your situation as I and others have requested. Since your father is not living there, perhaps he is waiving his life estate. Perhaps your parent's subsequent divorce nullified this. You should seek out a local real estate attorney and bring to him or her any documents which show current ownership and whatever it is you think your parents set up.

    To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a... more
  2. Mark Alan Mackin

    Contributor Level 14

    1

    Lawyer agrees

    Answered . I am not licensed in WV, so I may be completely ignorant, but what legal effect do you think a life time diary would or should have? Is this a legal document in WV? Because if it is not, that may explain the absence of answers to your question. No one may know what you are talking about.

    DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the... more
  3. Charles Lawrence Huddleston III

    Pro

    Contributor Level 16

    Answered . The word "diary" has no meaning. Do you mean "dowery" or something else?

    You are going to need to get someone to help you write this question.

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