What my rights with a life interest?

[dthacker30]

I have a life interest in the home I live in and I have maintained and paid the property taxes for the last 8 years. My brother is to receive the home in the event of my death. Can my brother force my spouse out immediately at my death? If I move from this home can I rent the home? This has been a mess since day one with greedy family members who are always waiting to pounce on any opportunity to attack even though their share was significantly more than my life interest could ever be. I just want to make sure my spouse will not be tossed in the street before I am buried in the ground.
Any input about these issues would be appreciated.

Thank you

dthacker30

 

[seniorjudge]

Q: Can my brother force my spouse out immediately at my death?

A: How did this life estate come about? How is the house currently titled? How was the house titled immediately before the life estate was created?

 

[dthacker30]

The life estate came through the will of my Mother. The home and property are listed in my name and I pay the property taxes, however, my mother's will states at my death the home goes to my brother.

 

[dthacker30]

The home was in my mother's name before her death.

 

[lwpat]

Was the will ever probated?

To answer your questions, your spouse will have to move out at your death. If you move out, you can collect the rent but will still be responsible for the maintenance and taxes. Usually the better option is to sell if the brother is willing to give you a reasonable amount.