My question involves estate proceedings in the state of: Texas
I am the sole remainderman to a property with a home. The life tenant is very elderly and not doing so well. The warranty deed is transferred, recorded, and has the life tenant clause. Of course this means that the tenant has the rights to the property for the remainder of life.
To situate my questions, lets just say that there are other family members who have unhealthy lifestyles / unstable, and will probably cause trouble when life tenant dies....
I really have TWO questions.
1) Upon the death of the life tenant and since I am the legally recorded remainderman, upon the instant that the life tenant dies - do I have 100% full rights the property? For instance, if the life tenant dies and "an unstable family member" pulls up the driveway and starts screaming to remove possessions out of the home (before ambulance takes the body - yes it may be that immediate) do I have the full legal right to have them removed from "my" property? Does the death certificate have to be signed before that right is mine (or would a police see me as the rightful owner of the property with full rights?).
Obviously, I'm planning on trouble with a couple family members (hopefully not) that we've (me and life tenant) had problems with for years. There may be immediate action needed and I'd like to know my rights in that situation as (I believe) I will be the full property owner (I think I am now but the life tenant has the right to live/use property). The trouble makers are 2 people (of 5) of the life tenant's children (I am not the life tenant's child). I just wonder if they'll pull the "I am a child card" if the police could tell me to step aside - or -
Would the police most likely recognize me as the owner of the property if I have the life estate deed in my hands at that moment?
2) Who would own the possessions in the house? If I am not the executor of the will (they live out of state) but I am the remainderman of the property... If the home is immediately mine upon life tenants death - is "possessions 9/10ths of the law"? Like who owns the pans, dishes, and the contents of their "junk drawer" (not talking about big stuff like a piano or something)? Is this something the executor (or anybody) have the right to come in and remove from "my property"?
Thanks in advance.
I am the sole remainderman to a property with a home. The life tenant is very elderly and not doing so well. The warranty deed is transferred, recorded, and has the life tenant clause. Of course this means that the tenant has the rights to the property for the remainder of life.
To situate my questions, lets just say that there are other family members who have unhealthy lifestyles / unstable, and will probably cause trouble when life tenant dies....
I really have TWO questions.
1) Upon the death of the life tenant and since I am the legally recorded remainderman, upon the instant that the life tenant dies - do I have 100% full rights the property? For instance, if the life tenant dies and "an unstable family member" pulls up the driveway and starts screaming to remove possessions out of the home (before ambulance takes the body - yes it may be that immediate) do I have the full legal right to have them removed from "my" property? Does the death certificate have to be signed before that right is mine (or would a police see me as the rightful owner of the property with full rights?).
Obviously, I'm planning on trouble with a couple family members (hopefully not) that we've (me and life tenant) had problems with for years. There may be immediate action needed and I'd like to know my rights in that situation as (I believe) I will be the full property owner (I think I am now but the life tenant has the right to live/use property). The trouble makers are 2 people (of 5) of the life tenant's children (I am not the life tenant's child). I just wonder if they'll pull the "I am a child card" if the police could tell me to step aside - or -
Would the police most likely recognize me as the owner of the property if I have the life estate deed in my hands at that moment?
2) Who would own the possessions in the house? If I am not the executor of the will (they live out of state) but I am the remainderman of the property... If the home is immediately mine upon life tenants death - is "possessions 9/10ths of the law"? Like who owns the pans, dishes, and the contents of their "junk drawer" (not talking about big stuff like a piano or something)? Is this something the executor (or anybody) have the right to come in and remove from "my property"?
Thanks in advance.
Heirs and Beneficiaries: Life Estate - Who Gets Household Contents
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