Help Eviciting a Non-Compliant Life Tenant

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What is the name of your state (only U.S. law)? Missouri

Sorry, I posted this in the wrong forum (real estate) and I was told to post my question here. So, here goes.....

Missouri



I have very unusual situation, my FIL died, left house to children, but with a life estate (possessory interest for his tramp second wife, who was over 20 years younger) allowing her to live in house until her death or her choosing, providing that house was maintained up to existing codes and standards, real estate taxes were paid on the house and that she keep the property insured with coverage acceptable to the remaindermen.

The witch has purchased insurance not suitable to the children, coverage was too low ($80,000 replacement instead of rebuild cost of at least $250,000). The children were not listed as the beneficiaries as specifically directed in the will**************

My question is: since the heirs paid for an insurance policy (with proper coverage), can they use a "right to cure" for the purpose of evicting this gold-digger. By the way, she was left a nice 3 bedroom lake house, with extra lot and 2 slip dock and swimming platform. She also own a 3 bedroom condominium free and clear. Any help will be appreciated.

Thank you!

 

[tranquility]

It is her property while she lives. You cannot evict her from her property. If you think she is not fullfilling her duties to the estate or causing waste, you can go to court to get her to cure. Your self-help and complaints are not going to be helpful in that regard, so if you do go to court, drop the "golddigger" and "tramp" attitude. At least to me (others will write with their own opinions), your post makes *you* look bad, not her.

 

[[email protected]]

Thanks for the timely Reminder

Yes, you are absolutely correct, her actions are obvious to anyone more familiar with the situation and it is not appropriate to add my vitriol when asking for help. So, please accept my apology for my poor choice of terms.

According to both her ante-nuptial and the last will and testament, she is compelled as a term of the life estate to maintain the property according to the legal codes, she is required to pay the real estate taxes and insurance. The terms of the will follow:

I give and devise my real property. with improvement thereon**************

my two children.....as tenants in common, subject to a possessory interest which I give and devise to my wife ... allow her to occupy property as long as she diesres... XXXXX shall maintain real property (1) in conformance with all building and zoning codes.... and in a reasonable condition for the propose for which the real property shall be.....
XXXXXXXX (widow) shall be responsible for the payment of all (1) taxes, assessment and charges which may be levied************** mortgage payment from deed of trust....


#3 premiums on such fire and extended coverage and liability insurance policies with respect to the real property naming my tow (2) children ins the article as the insured, in such amounts and with such carriers as the (2) children shall request and designate....

In the event XXXXX fails to maintaitn....pay... the children shall deliver written notice to XXXX. If XXXXXX shall fail to rectify ...the possessory interest shall lapse.

 

[rowz]

IF it were me in this situation I would first send a letter to her that requests [aka "demands" ] that she uphold her end of the bargain that have been established. Letter MUST be send CM/RRR. Include a date [say 1 month] that she must reply with at the very least a plan for compliance with anticipated comletion of all the terms.

When the [most likely, IMHO] she does not claim the latter and/or perform as requested find a lawyer that will take your case [and yes, it is going to cost you $] follow his directions and prepare to go to court.

Good luck

 

[tranquility]

Then, go to court and sue her. Perhaps you will win and the court will allow possession to revert. However, don't call this a life estate any longer. That has a specific meaning.

 

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Clarification Please?

Tranquility,

Thanks for your answers and help. I don't understand why the term "life estate" is incorrect? I am not being defensive at all, I just thought this was the correct term.

Thanks!

Mike

 

[tranquility]

Because the interest is only partially determined by the measuring life. A true "life estate" has the measuring life as the only determination. This might be considered a springing reversionary interest.

 

[[email protected]]

Tranquility - Accurate and understandable as usual!

Thank you so much. I asked my lawyer about this term and he told me that it did not apply at all. Then he read through the will whiel we were talking and he said: "Damn, you may just have something, this is different than a life estate because of the wording."
So thank you for the clarification, this is a very ugly situation for all concerned and the best thing is to close these issues as quickly as possible.

Mike

 

[Dandy Don]

You may want to consider also consulting with a landlord/tenant/eviction attorney in your area, because if the eviction is NOT done according to the very specific rules of state law, that would give her additional time to occupy the home until the procedure is done correctly.

DANDY DON IN OKLAHOMA ([email protected])