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If it was stated in the will for the person to retain usufruct (life time use) of the home, but said nothing about maintenance, then it will be pretty hard to have the life time tenancy revoked. Contact an estate attorney and see what your options are.
In many states life estates, whether acquired by will or by deed, are addressed by statute and the life tenant has certain statutory obligations such as paying taxes, municipal fees, maintenance, not causing any waste, etc. In those states, if the life tenant doesn't live up to their obligations, the life estate can be extinguished by a court order. The advice is the same as stated above. You should consult with an attorney who is familiar with the laws in your state.
What else can I help you with?
How do you end a life estate after tenant goes to nursing home?
You can have the tenant quit claim their rights to the property. Or sell the life estate to the remainderman.
My wife has lifetime rights to a home. if she died do i have any rights to the property?
No. A life estate is extinguished when he life tenant dies.
Can a life estate be revoked if the life tenant moves to a nursing home and the current tenant refuses to pay expenses?
Probably, given the cited circumstances. Some life estates are "determinable" meaning it automatically ends upon the occurrence of a specific event, other than the death of the life tenant. There are also those which are "condition subsequent", meaning the land is granted for a specific purpose, such as farming. A life estate can also be given to the life tenant for the life of some other person (estate pur autre vie). One of the constants of a life estate is, the tenant(s) cannot squander the property and must pay all expenses, taxes, utilities an so forth, unless there is a directive that states otherwise. The biggest factor obviously would be, if the person is a named life tenant and therefore has occupancy rights.
If a life estate state in the will that the life tenant only pays xx per month for taxes of the home and the remainderum pays any amount above that for maintenancetaxes is this a legal Life Estate?
yes it is yes it is
How do you add your child as joint tenant to your home loan?
How do you add your child as joint tenant to your home loan
When I pass away and my daughter inherits my home will the home mortgage increase?
If the mortgage is not in her name as a joint tenant, the house will have to be made a part of the estate. The estate will have to satisfy the mortgage. The bank may allow the new owner to assume the existing mortgage, but they are more likely to want to establish a new one. You should really consult an attorney in your area for estate planning purposes.
How can you avoid probate upon inheriting your dads home?
You cannot avoid probate unless the property was owned by you and your father as joint tenants with the right of survivorship. That type of ownership provides that when one tenant dies their interest in the real estate passes automatically to the surviving joint tenant and bypasses probate. Otherwise, when a person dies owning real estate, the estate must be probated in order for title to the property to pass to the heirs legally.
How do you disclaim inheritance of a house?
I am a life tenant of a property valued at £250,000 I use it as an occasional holiday home. Is it correct that this property will form part of my estate on death for death duties? If so how can I get rid of it? Think about what you are asking here. The life estate terminates on your death and as such has no value. On your death, the rights are gone. There is nothing to go into your estate. The law of England no longer recognizes the life estate in land. The holder of legal title to the land is considered to hold that land on trust first for the life tenant and then for the remainderman.
Who is the tenant of Camp Nou?
FC Barcelona is the tenant of Camp Nou. The stadium is their home ground for all of their home matches.
If a home was a life estate does it still need to go through probate?
No. A life estate is the right to use the property and is extinguished upon the death of the life tenant. They owned nothing that survives after their death so there is no need for probate unless there are other assets that were in the decedent's name alone. There is someone who owns the "fee" to the property. The life tenant only had the right to use it until they died.
What is a HO9 home insurance endorsement?
Home ins with a tenant
Who is responsible for light fixture landlord or tenant?
In side the rental unit if an apartment the tenant, Outside the community If a home or Single family the tenant
