my parents are divorced and the farm is in a trust to be divided between my two brothers and I upon their death with my mother having the right to live in the house until her death.
2006-11-25 09:09:32 · 4 answers · asked by punkie 1 in Business & Finance ➔ Renting & Real Estate
I would check with a lawyer, to see for sure what the conditions of the will/trust are, but I do not believe that she has any rights to cut down timber on land that is deeded to someone else. I believe that you have to have a permit to do that - don't you have to be the owner of the property to get a permit? Maybe you could get damages.
2006-11-25 09:22:45 · answer #1 · answered by Jeannie 7 · 0⤊ 0⤋
Not a complete answer but a place to start. The big question is if the trust is a legal life estate ("to A for life, remainder to A's children") or if it is an equitable life estate ("to X in trust for A for life, remainder to A's children"). A legal life tenant has possession and control of the property, whereas a trustee has legal title to the trust property.
From my Estates and Trusts textbook:
5) Waste. The life tenant may want to take oil out of the land, cut timber, or take down a still usable building. Each of these actions constitutes waste, and the remaindermen may be entitled to an injunction or damages. If the life tenant is given the power to drill for oil, open mines, or commit waste with impunity, the life tenant may be held to have a general power of appointment for tax purposes.
2006-11-25 22:02:43 · answer #2 · answered by Skelebone 4 · 0⤊ 0⤋
Who's name is on the deed? If she dosn't own the property then she has no right to destroy it.
2006-11-25 17:14:08 · answer #3 · answered by lshort10 1 · 1⤊ 0⤋
Why would she cut he trees?
You need a lawyer and she needs an exorcist.
2006-11-27 14:02:14 · answer #4 · answered by bayphoto3001 2 · 0⤊ 0⤋