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I have a "right of life" estate. can i make my son and his family move out of "my" home?

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Icon Mini Profile lady_two89





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Post Posted: Mon Jun 29, 2009 10:31 pm    Post subject: I have a "right of life" estate. can i make my son
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I quit claimed my property back in 2001 to my son and his wife, due to financial problems that I was having. I have a "right of life" estate. I own the mobile home on the property. I moved out, and want my son and his family to leave, so I can either rent it, or sell it. Can I make them leave? I know if it gets sold, it will have to be moved off of the property.
Icon Mini Profile jameshogg
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Post Posted: Mon Jun 29, 2009 11:56 pm    Post subject:
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Hi lady_two,

Though you have right to life estate on the property, your son is the legal owner of the property. You cannot force him to leave the property so that you can rent it. However, if your son transfers the property back to you, then you can ask him to leave the property.

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Icon Mini Profile jheard
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Post Posted: Tue Jun 30, 2009 7:03 am    Post subject:
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If you have a life estate, absent another provision in the deeds, you have the right to possess the property during your lifetime. Based on this, you can evict your son and his family. Check with an eviction lawyer.
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Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
Icon Mini Profile gmakerley
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Post Posted: Tue Jun 30, 2009 7:21 am    Post subject:
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i'm surprised to read that, jheard. the son and his wife are owners of the property. it's possible for a person holding a life estate to evict the owners?
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