The life estate normally gives the individual the rights to all the benefits of the land until their death. That would include any bonuses or other income generated by the property.
The remainderman has full vested rights in the property.
If the individual has died, the life estate has ended. At that point the rights to the property have ended and belong to the remainderman.
You can have the tenant quit claim their rights to the property. Or sell the life estate to the remainderman.
This question has to vague to answer appropriately, I need more details. The state the property is situated in is relevant as well. The mineral rights would generally be held in the deceased estate. The heirs are entitled to their ownership and depending on the situation, this can be down without probate. You can ask me more specifically at louisianaenergy.ning.com if you need more information.
The life estate expires when the life estate owner does and the mineral rights revert to the property owners in fee.
If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.
The remainderman can sell their interest as a remainderman in the property subject to the life estate. The life tenant has the right to the use and possession of the property for life.
They can only sell their rights to the property. Which only last as long as they live. No one would accept a mortgage on a life estate.
You need to consult with an attorney who specializes in property law and probate law who can research and document your father's mineral rights and then probate his estate to make certain those rights pass to you legally.
A definitive answer to your question requires more detail. Generally, a life estate owner has the right to the sole use and possession of the property. The remainderman has an interest in the property but no right to possession until the life estate has expired or the life tenant grants permission. Generally, the remainderman has no right to enter the dwelling but may have the right to maintain the grounds. The remainderman has the right to expectation that the life tenant will maintain the property in good repair and not allow it to deteriorate. Since laws vary in different jurisdictions you should consult with a local attorney who specializes in real estate law to determine your rights and responsibilities regarding the property. You should also review the document that created the life estate.A definitive answer to your question requires more detail. Generally, a life estate owner has the right to the sole use and possession of the property. The remainderman has an interest in the property but no right to possession until the life estate has expired or the life tenant grants permission. Generally, the remainderman has no right to enter the dwelling but may have the right to maintain the grounds. The remainderman has the right to expectation that the life tenant will maintain the property in good repair and not allow it to deteriorate. Since laws vary in different jurisdictions you should consult with a local attorney who specializes in real estate law to determine your rights and responsibilities regarding the property. You should also review the document that created the life estate.A definitive answer to your question requires more detail. Generally, a life estate owner has the right to the sole use and possession of the property. The remainderman has an interest in the property but no right to possession until the life estate has expired or the life tenant grants permission. Generally, the remainderman has no right to enter the dwelling but may have the right to maintain the grounds. The remainderman has the right to expectation that the life tenant will maintain the property in good repair and not allow it to deteriorate. Since laws vary in different jurisdictions you should consult with a local attorney who specializes in real estate law to determine your rights and responsibilities regarding the property. You should also review the document that created the life estate.A definitive answer to your question requires more detail. Generally, a life estate owner has the right to the sole use and possession of the property. The remainderman has an interest in the property but no right to possession until the life estate has expired or the life tenant grants permission. Generally, the remainderman has no right to enter the dwelling but may have the right to maintain the grounds. The remainderman has the right to expectation that the life tenant will maintain the property in good repair and not allow it to deteriorate. Since laws vary in different jurisdictions you should consult with a local attorney who specializes in real estate law to determine your rights and responsibilities regarding the property. You should also review the document that created the life estate.
If the mineral rights have been severed from the property and the owner of the mineral rights does not own the property then there is no need to notify the property owner. It's possible to own the mineral rights and not own the property. That would be called the "mineral estate". The owner of the property if different than the mineral owner would be the owner of the "property estate". Being the "mineral estate" owner gives you the same rights as being a "property owner". You can do as you wish with your mineral interests. Only time there is a need to notify the property owner is if any leasing will be going on. Hope this helps.
No. A life estate includes the right the use and possession of the property for life. Only the fee owner can sell the property or rights therein.