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Life Estate for an uninhabitable home

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  • 11-24-2006, 10:23 PM
    rizum
    Life Estate for an uninhabitable home
    Some members of my family are the remaindermen in a property in Philadelphia, Pennsylvania. Our uncle granted a life estate to his friend for the property. We have been contacted by the city and neighbors that the house is not inhabitable due to rodents, mold and structural damage. Unfortunately our uncle's friend has severe mental illness and we are unable to enter into any reasonable converations or negotiations with her.

    Is it possible for a life estate to terminate because the home/property is no longer inhabitable? What can we do when the city contacts us as the owners of an abandoned/vacant property and requests that it be boarded up and secured ?
  • 11-25-2006, 06:31 AM
    aaron
    Re: Life Estate - uninhabitable home
    If the holder of the life estate is that far gone in her ability to care for herself, it sounds like it may be appropriate to involve community mental health in her care. Depending upon the full facts and circumstances they may decide that she should be placed under a guardianship and relocated to a location where she can get a suitable level of care and attention. Also, given that this appears to have been an official notice from the city, it sounds like the house may be in danger of losing its certificate of occupancy - if that happens the occupant will not be able to live there until the home is repaired and recertified for occupancy. You can potentially make a claim for waste against the occupant, although the odds are such a claim would only be good as leverage for trying to get the person to surrender the life estate as it does not sound like this person has money.

    You can bring an action to eject her for waste, but consider the above when determining your options. I would suggest discussing your options with a local real estate lawyer. Ejectment is probably going to be your most expensive option, which is why I am suggesting you consider alternatives which may unfold under these facts.
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