My friends mother received a life estate from her deceased husband but he left the remainder interest of the property to his brother. The widow moved out her life estate and rented it out. Now that she is receiving rental income form that property and not living there my friends uncle with the remainder interest claims he is entitled to some of the rent. Can he do this?
I am pretty sure that because she is still alive she is the holder, it doesn't matter if she lives there, the remainder person is not entitled untill the main holder is deceased.
I would, without a doubt, consult a lwayer before making any decsions or giving out any advice. These types of topics are very tricky, and you would not want to be caught in the middle!
Life Estate.
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