Confused about life estates...?

Question

Well, my grandpa had placed a life estate on his farm so that he could live there and recieve the income from it until he dies. Since he has died, he also put a life estate on the farm against my mother for us kids.

It says " his name with life remainder to my mom" then it says "my mom with life remainder to us kids". I want to build a house next to the farm house, but am worried the house would go to my siblings. For example, I know that the house would be mine, but no land.

Is there a way, or has anyone broken a life estate like this? I want to buy a couple of acres next to her, but do not want to possibly lose my house to my siblings.

It specifically says "with life remainder" both for my grandpa and my mother. I know she gets to use the land, but she cant sell any of it. Any help? Thanks!

Answer 1

This appears very poorly written but if your description is accurate he kept a life estate to himself with his attached right to stay in his property until her death. Then it goes to your Mom for her life and UPON HER DEATH it would be divided in fee simple to her children including yourself. You and your siblings would only profit if you each decide to sell the property.

     You have a right to place any improvements on the property but there are no requirements that your siblings must reimburse or share your costs.

     I do not know the size of this property or if there might be potential to reach a deal with your brothers and sisters to divide your future interests immediately and to everyone's satisfaction. i.e. you get the house and x acres and everyone else gets z acres. You have every right to negotiate now because this interest is non-defeasible (cannot be changed) and is subject only to your Mothers absolute right to use the property for the remainder of her life. Assume you make a deal with your brothers and sisters....you need to make an agreement with your Mom because you are seeking to reduce her property use.

        Reach an agreement without attorneys in the beginning, if possible. Then allow a competent contract/land attorney draw up an appropriate agreement.

Answer 2

You are very smart.

When the life estate stated that it go to the children, that means, collectively.

So  if there were two of you, each of you would have an undivided 50% interest in the property.

The house CANNOT be yours without the land.  Real Estate isn't broken up that way.  Once something is permanently attached to the land, it becomes part of the land, and cannot be sold independently.

The problem is, it appears the only people that can break it is you children when your mother dies.

The reason, is your grandfather wanted your mother to have 100% of the legal rights of living in that house until she died, and he wanted to make sure that she could not will it to anyone but you children.  

The reason that he did that, is in the event that she married, the house would not be marital property, because legally, she doesn't own it, she just has a life estate to it.  It also cannot be taken away from her in the event she must go to a state supported nursing home, because again, she doesn't own it.

It's time that you siblings see an attorney NOW while your mother is alive and can offer some guidance, on how the property will be divided between you all upon her death.

However, the life estate CANNOT be broken b/c it's not carried out yet.