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  1. #1

    Default Tax Sale and a Life Estate

    OK. long story short, I have a life estate on 100 acres. remainderman won't pay the taxes on it so I have been paying them for the last several years. if i quit paying the taxes and let this property go to a tax sale , will I still have a life estate on the property no matter who owns it or buys it at the sale?

  2. #2
    Join Date
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    Default Re: Tax Sale and a Life Estate

    Quote Quoting ktm rider
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    OK. long story short, I have a life estate on 100 acres. remainderman won't pay the taxes on it so I have been paying them for the last several years. if i quit paying the taxes and let this property go to a tax sale , will I still have a life estate on the property no matter who owns it or buys it at the sale?
    what makes you believe you shouldn't be paying the taxes? I know in Texas the tenant is actually required to pay the taxes by statute. In many states it is considered the liability of the tenant. Since we don't know your state, I'll stick with you being liable for the taxes.

    Oh, and if the property gets foreclosed for failure to pay taxes: you lose your interest as well.

  3. #3

    Default Re: Tax Sale and a Life Estate

    Quote Quoting jk
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    what makes you believe you shouldn't be paying the taxes? I know in Texas the tenant is actually required to pay the taxes by statute..
    You are assuming that I live on the property, I do not. I simply pay the taxes so it won't go to a tax sale ( old family property has sentimental value)but I'm tired of footing the bill while the remainderman uses the property occassionally ( hunting, picnics etc.. ) but refuses to help with the taxes or do any of the maintenance or help pay for any of the maintenance such as mowing the fields, building repair, road repair etc...

    BTW- This property is in Md. ( sorry, I should have mentioned that earlier)

  4. #4
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    Default Re: Tax Sale and a Life Estate

    =ktm rider;439884]You are assuming that I live on the property, I do not.
    No, I am assuming you have a life tenancy. Whether you live on the property or not is irrelevant.

    I simply pay the taxes so it won't go to a tax sale ( old family property has sentimental value)but I'm tired of footing the bill while the remainderman uses the property occassionally ( hunting, picnics etc.. ) but refuses to help with the taxes or do any of the maintenance or help pay for any of the maintenance such as mowing the fields, building repair, road repair etc...
    you owe the taxes. you are liable for ALL of the regular maintenance.

    what do you think a life estate is and what it affords you?

    If you do not want to continue with the life estate, you can sell your interest to the remaindermen or you can simply deed it to them if they are willing to accept it.

    actually, if you refuse to pay the taxes, the remaindermen can sue you to remove your life estate. As the life tenant, it is your duty to maintain the property and keep it free from encumbrances. Failure to do so can be considered waste, which gives the remaindermen cause to void your life estate.

  5. #5

    Default Re: Tax Sale and a Life Estate

    O.K. What about if there is a second person that also has a life estate on this property and they also refuse to help with the taxes and maintenance? Aren't they just as responsible for the property as I am?

  6. #6
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    Default Re: Tax Sale and a Life Estate

    Quote Quoting ktm rider
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    O.K. What about if there is a second person that also has a life estate on this property and they also refuse to help with the taxes and maintenance? Aren't they just as responsible for the property as I am?
    yes but you would be considered equally and severally liable which means you both are liable for all of the expenses individually or as a group.

    If there is a person on the life estate with you, then if they fail to pay you could consider suing them. If neither of you pay, the remaindermen can sue to have the life estate extinguished.

    the county/state doesn't care who pays as long as somebody does. If nobody does, they sell the property at a tax auction. Whoever might be liable for the taxes and maintenance, if more than one party, they need to work it out between themselves.

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