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How to Remove a Life Tenant for Property Neglect, Failure to Pay the Mortgage

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  • 08-17-2017, 05:44 PM
    AmyB
    How to Remove a Life Tenant for Property Neglect, Failure to Pay the Mortgage
    My question involves real estate located in the State of: New York

    My mother passed. She owned 2 houses on one property. She lived in one house and my step father lives in the other. She gave the house to my brother and I before she passed but put on the deed that she and my step father have life use of both properties. My mothers lawyer worded it wrong. Life use for him was supposed to terminate after her death.

    My step father has destroyed the house in the last 3 years of living there. As a co owner how difficult will it be to have him removed as a life tenant? Not only has he destroyed the house but he is a nuisance as well. He calls the cops on us constantly for no reason.

    Also there are 3 years of back taxes. What happens if the property goes into foreclosure? Do we lose everything?

    My brother now lives in my mothers house. Can my step father have him evicted?
  • 08-17-2017, 05:46 PM
    flyingron
    Re: How to Remove a Life Tenant for Property Neglect, Failure to Pay the Mortgage
    If the step father has a life tenancy he indeed can evict the remaindermen (you and your brothers) while the life tenancy exists.

    What you should be doing is talking to a lawyer about WASTE. A life tenancy is contingent upon him maintaining the property condition as well as paying the taxes.
  • 08-17-2017, 05:51 PM
    Mr. Knowitall
    Re: How to Remove a Life Tenant for Property Neglect, Failure to Pay the Mortgage
    If your brother is the only remainderman, it's up to him. Assuming there is nothing to the contrary in the grant of the life estate:

    If your stepfather won't voluntarily surrender the property (e.g., agreeing to execute a quitclaim deed), whether for free or based upon your finding a mutually agreeable purchase price for his interest, it is possible to commence a lawsuit for "waste" -- asking that a court order him to repair the property, pay his share of the mortgage, pay the back taxes, and otherwise live up to his duties as a remainderman. If he fights that process, litigation may be protracted and expensive.

    The life tenant has the right to exclusive use and control of the premises, so if he's allowing somebody else to live in the premises he can evict or eject that person.
  • 08-18-2017, 06:45 AM
    AmyB
    Re: How to Remove a Life Tenant for Property Neglect, Failure to Pay the Mortgage
    Thank you for your quick reply. We do have a lawyer and I will definitely talk to him about Waste.
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