Legal Question in Real Estate Law in West Virginia

Re: Life Estate

Of Course, a lot more needs to be known about the situation to suggest what rights you may have. I will state that a life tennant in possession without restriction in the instrument of conveyance has all possessory privileges except he or she could not commit waste. The holder of such life estate could even rent the property but could not sell the timber, for example. Ordinarily, one cannot take back a gift. If a gift is complete, that is delivery and acceptance of a deed makes such a gift complete. Exceptions include fraud, incompetence, mistake, etc. You can see that these circumstances require a factual study and proof. You should consult your lawyer with disclosure of all the facts. Because it seems to be important to you, the small fee paid will be worth the peace of mind, even if the news is bad for you. TRZ