My husband's Will is filed in Probate Ct. 90 Days will be up in July. He left me a Life Estate and the Remainderman is a Grandson. The son was specifically cut out of the Will. The son is using the property now, which I am occupying, as a workshop, storage area for lge items and his wife is keeping chickens on the property. I don't want this. Do I have to wait for the Life Estate to be created in July before I notify him that he no longer has permission for use? Or can I have my local Atty. notify him now? Needless to say this is a hostile situation.
1 Answer from Attorneys
90 days is too soon to properly complete a probate to the point of transferring property and you're months from that point. Until that happens, there is no life estate, and decisions are up to the executor, not you. If the executor acts improperly, your remedy is NOT to sue the son (you have NO standing and could be sued for frivolous litigation) but rather to get a lawyer, and seek to compel the executor to act, or be removed. You badly need your counsel. This is not a DIY situation.