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  1. #1
    Join Date
    Aug 2009
    Posts
    2

    Default Life Estate Duties

    My question involves real estate located in the State of: New York

    My father and I owned a piece of property with full rights of survivorship. Before my father died he gave my step mother and his brother (my uncle) a life estate on the property.
    Question 1: The life estate reads that they are responsible for the taxes, insurance, and maintaince of the property. Although the property is still under construction, neither live on the property or have paid taxes, insurance, or have done any general maintaince on the house. Would this be considered a breach of the life estate contract they had with my father? And would it be possible for me to sue to have them removed from the life estate contract?

    Question 2: Before my father died he had several leans against both him and the property. In a situation where I am owner of the property with full rights of survivorship, do my father's leans stay with the property and transfer to myself? Or are they dissolved upon his death?


  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Life Estate Duties

    how did dad gift a life estate to a property with a joint owner? Did you also agree to the new deed that granted the life estate to uncle and stepmother?

  3. #3
    Join Date
    Aug 2009
    Posts
    2

    Default Re: Life Estate Duties

    Actually, my father and I both gifted the life estate to my stepmother and uncle.

    But my question is still- Can i sue or take back the life estate due to the breach of terms from the life estate?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Life Estate Duties

    from what you have stated, yes, you would have a claim to have the life estate terminated for waste. You would have to sue for it.

    and liens stay with a property

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