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If my brother’s Will says that his wife can live in his home until she dies, can she legally rent that home out?

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If my brother’s Will says that his wife can live in his home until she dies, can she legally rent that home out?

Asked on June 23, 2012 under Estate Planning, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  What it sounds like is that your brother gave his wife a "life estate" in the home.  That means that legally she can live in or do with the home as she wishes until she does as long as it does not effect the rights of the remaindermen - those who get the house after she dies.  So yes. she can rent it.  But check your local law.  Good luck.


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