Full question:
My father set up a family trust in which he indicated that his present wife would have the right to continue living in the house owned by the trust until her death or voluntarily leaving the house, whichever occured first. Nowhere in the trust agreement does it state the term Life Estate, yet that is what his widow is choosing to construe it as. The members of the family trust are concerned that if she believes it is hers to do with whatever she wants, she will attempt to sell it, or set up insurance that will name only her (not the family trust) as the beneficiary should something happen to the house. Is she right in her assumption that my father's proviso allowing her to live there creates an ownership interest in the house? What are the limitations? What rights do the members of the family trust have with regard to maintaining their ownership interest in the house? The property is located in Arizona.
- Category: Trusts
- Date:
- State: California
Answer:
A life estate allows a person to enjoy the benefits of property ownership for their lifetime, after which the property goes to another designated person. While a life estate can be sold or transferred, it must be clearly defined in a deed or legal document.
In your father's trust, it appears that the trust itself owns the property. Since the trust agreement does not mention a life estate or similar provision, the widow likely does not have the right to treat the property as her own or sell it. The trust language will govern the property rights.
To understand the specific rights and limitations regarding the widow's living arrangement and the family's ownership interest, consulting a local attorney is advisable, as trust matters can be complex. Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.