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Inheritance and Lifetime Tenancy

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MustangSally66

Junior Member
What is the name of your state (only U.S. law)? NY
My mom died. She was a retired schoolteacher. She had four kids (adult children). She remarried fifteen years ago. Prior to the marriage she used a loan from her pension to put up money to buy a house for her and her then fiance. The house was only in Mom's name because the husband had filed bankruptcy. They married and lived in the house for a few years and decided to move to be closer to family. There was a profit from the first house which was used towards the second house. My mom had told my stepfather and other family members that in the event of her death this house was to be mine - it was no secret. Her husband agreed. My mother became ill and must have known how little time she had left so she hired a lawyer to help her with a will. In the will she left me with the house but with a clause that her husband gets lifetime tenancy. At the time she discussed her wishes with her lawyer, we all got along fine and felt that my family could live with him in the house and we could split the bills. Since her death, he has gone to great lengths to badmouth my mother and the rest of my family. He constantly accuses us of ripping him off. He emptied the bank account that he had with my mom because according to him my brother was stealing from it (untrue). It seems as if he is trying to alienate himself from our family. His own children were not active in his life but now are and we believe it is because of the money. Aside from everything else I have mentioned, I believe he has mental health issues that need to be addressed and I do not want to live in the house with him. There is still a mortgage on the house. What I would like to know is can I do anything about the lifetime tenancy? This man has violent outbursts and I do not trust him with my children or the rest of the family. Would I have to refuse the inheritance? It seems like too much of a hassle and with how bizarrely he has been acting since her death I do not want anything to do with him. What can I do?
 


justalayman

Senior Member
. My mother became ill and must have known how little time she had left so she hired a lawyer to help her with a will
was your mothers estate ever probated?

.
In the will she left me with the house but with a clause that her husband gets lifetime tenancy.
Ok, if the will was ruled valid and closing out her estate didn't require the house to be sold to pay other debts, he gets to live there for the rest of his life

At the time she discussed her wishes with her lawyer, we all got along fine and felt that my family could live with him in the house and we could split the bills
unless it was in the will, it doesn't mean anything.

I believe he has mental health issues that need to be addressed and I do not want to live in the house with him.
then move out!!. If the estate was probated and the will directed as you mention, you have no right to even be in the house let alone consider trying to make him move. He has a legal right to make you move. You get the house when he dies.

.
He emptied the bank account that he had with my mom because according to him my brother was stealing from it (untrue).
if it was a joint account, that is his right. The money became his upon your mothers death. It sounds like your brother somehow had access to the account. You have presented nothing to show he should have.

. There is still a mortgage on the house.
You need to be paying this.Are you?

What I would like to know is can I do anything about the lifetime tenancy?
Unless he is committing waste of the premises (causing or even allowing it to be devalued by damage or lack of maintenance), about the only possibility is you buying out his life tenancy. If he is causing waste, you can take legal action to have his tenancy terminated.

This man has violent outbursts and I do not trust him with my children or the rest of the family.
then move.

Would I have to refuse the inheritance?
Not sure what you mean by this. If the estate has already been probated, things are settled. He has a life tenancy and you are the remainderman.
 

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