If my dad left me his house but granted his wife a life estate and she is supposed to pay taxes but she hasn’t so now it’s in foreclosure, can I get her out of the house?

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If my dad left me his house but granted his wife a life estate and she is supposed to pay taxes but she hasn’t so now it’s in foreclosure, can I get her out of the house?

The house is now in foreclosure.

Asked on October 18, 2017 under Estate Planning, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As a general rule, a "life tenant" cannot be evicted. That is unless it can be proved that they have committed some type of wrong to the property (typically referred to as "waste"). And non-payment of taxes would qualify. Futher, as a "remainderman", you have "standing" (i.e. the right to bring such a suit) since you have an interest in the property. However, such an eviction is not like a typical landlord-tenant situation. Accordingly, you should consut directly with a local real estate attorney as to all of this. They can best advise you further.


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