Skip to main content

My dad willed a few acres of land to my sister and me, but gave our Mother a life estate interest. Who has contol of the land?

Texarkana, TX |

Texas resident. Probated will

Attorney Answers 3

Posted

Your mother would have control during her lifetime, provided she does not commit waste and provided that she pays the taxes and insurance. Upon her death, you and your sister would control the land, or at least the 1/2 Willed to you by your father. Your mother would still be able to Will HER half of the land to someone else, if she wished to.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

Mark as helpful

4 lawyers agree

Posted

The life estate owner has the full right to possess and use the land. I presume that she was left both the surface and mineral estate. The life estate owner cannot waste the land but if she owns both surface and mineral rights she can lease the mineral rights.

DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.

Mark as helpful

7 lawyers agree

Posted

The life estate is transferred by what is called a life estate deed. As mentioned above, your mother has the right to use the land, as long as she does not cause waste.
As to the remainder interest, I am surprised to read that your dad "willed" the interest to you and your sister. The reason I mention this is because a well drafted life estate deed lists the remainder interest so that it would not require mention in a will. The life estate would also list how you and your sister would own the land upon your mother's death.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Mark as helpful

3 lawyers agree

1 comment

Rabea Taylor

Rabea Taylor

Posted

Please ignore my life estate comment. I just realized it was all done in form of a will. A will is another method of creating a life estate. My apologies for any confusion.

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics