Will – Land Bequest

Will – Land Bequest
question

I live in State X A person has a life estate on certain land. Her three children named on the estate papers. Can a will be made to make sure that the land is divided as she requests? Can this be done before her death? There is a lot of confusion about who is to get what at her death. We are talking about 116 acres and a house. What would be the best thing to do before her death

answer

Let's look at some of the details of you question:

You live in State X -- Sorry, no state specific questions, you'll need a lawyer in your state for that.

A person has a life estate on certain land. A life estate is usually on the right to live in the land for your life, and it ends at death. If this is the only right she has to the property your question may end on her death -- she may have no right to bequeath the land anywhere. You really should check with an estate and real estate expert in your state, let them to a title search to find out what rights this person has, and only then can you really ask the questions and determine what can be done.

Her three children named on the estate papers. This is really unclear. Do you mean her will? Perhaps her deceased husband's will (or whoever gave her the rights) which set up the life estate? Again, you need to have a lawyer figure out what she has.

Can a will be made to make sure that the land is divided as she requests? Only if she owns it!

Can this be done before her death? If she owns the property out right she could give it away now, bequeath at death, put it into a trust, and many other steps.

There is a lot of confusion about who is to get what at her death. We are talking about 116 acres and a house. What would be the best thing to do before her death? Step 1, as above, is to find out the facts. If say her husband or parent left her a life estate in the land, the legal documents that established her life estate (perhaps a will, possibly a trust, etc.) may just specify what happens with the land on her death.

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