Who is responsible to pay for repairs to a life estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who is responsible to pay for repairs to a life estate?
My grandfather left his house to his 2nd wife in a life estate, with the remaindermen being his 3 grandchildren. After 15 years, the stepgrandmother wants to “sign over” the house to the remaindermen. Taxes have been paid. The big concern is the condition of the house. One grandchild recently received a bill from an HVAC company for maintenance done to the property. Who’s responsible? There are tenants (not stepgrandmother) living in the home. Can a lien be placed on the property by repairmen?
Asked on May 27, 2012 under Estate Planning, Kansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Essentially, a life tenant has the same rights and responsibilites as an owner, with the obvious exception of being able to convey the property. Therefore, it is your step-grandmother's responsibility to pay for any repair and/or maintenance expenses. If she fails to do so, in such as situation as you have described here, a "mechanic's" lien can in fact be placed against the property. At this point, if the your step-grandmother will not/cannot pay the HVAC bill then the beneficiaries should consider doing so now. If a lien is placed on the property, then the costs of getting it removed, etc. will only increase.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.