Can anyone help? My mother and father sold thier property to my brother and remain in the home on a life estate. The only forms or contracts signed are a WARRANTY DEED and a LAND CONTRACT. Both of these contracts state:
SUBJECT to a life estate in and to the survivor of the grantors or until such time as the survivor of the grantors elects to vacate the premises or is not able to or does not desire to reside upon the premises, said life estate limited to the residence and a garden plot.
Grantors agree that they will not assign or sublet and part of the premises in wich they have a life estate and that grantee has the right to "prohibit visitation" or residing upon the life estate by other than the grantors.
The "prohibit visitation" part has become a huge problem where my brother is restricting various persons including other family members from visiting my parents. Some of these visitors help my parents in maintaining the home. My brother has called the police and they have responded by telling visitors to leave or they will be arrested for tresspassing.
What rights do my parents have since a life estate is actually an ownership until they die.
As owners dont they have basic rights as to who they may invite into their home?
Any help would be greatly appreciated.
SUBJECT to a life estate in and to the survivor of the grantors or until such time as the survivor of the grantors elects to vacate the premises or is not able to or does not desire to reside upon the premises, said life estate limited to the residence and a garden plot.
Grantors agree that they will not assign or sublet and part of the premises in wich they have a life estate and that grantee has the right to "prohibit visitation" or residing upon the life estate by other than the grantors.
The "prohibit visitation" part has become a huge problem where my brother is restricting various persons including other family members from visiting my parents. Some of these visitors help my parents in maintaining the home. My brother has called the police and they have responded by telling visitors to leave or they will be arrested for tresspassing.
What rights do my parents have since a life estate is actually an ownership until they die.
As owners dont they have basic rights as to who they may invite into their home?
Any help would be greatly appreciated.
