Legal Question in Wills and Trusts in New York

i n the case of a 'life estate' deed who OWNS the prop

erty before the life tenant dies? can the life tenant evict the remainderman if the remainderman was in residence at the time the life estate was established?


Asked on 6/04/13, 3:10 pm

1 Answer from Attorneys

Owner ship is bifurcated -- legal ownership is split between present interest and future interest by life tenant and remainderpersons respectively. Life tenant has exclusive right to possess during his/her lifetime and can evict remainderman.

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Answered on 6/04/13, 3:30 pm


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