Is a life estate holder responsible for taxes,upkeep and maintenance?

Asked over 1 year ago - Kingston, NY

my wife is remainderman and brother has life estate, there is no life estate agreement and deed says " subject to and reserving a life estate in favor of { name} , son of decedent and tenant in possession" this life estate was not created by a will,life estate holder wanted it this way thinking he could avoid liens from creditors. he expects my wife to pay part of taxes,heat and water

Attorney answers (3)

  1. Frank Louis Buquicchio

    Contributor Level 12

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    Answered . Unless there is some other agreement between the parties in writing, the life tenant is primarily responsible for the maintenance and upkeep of the property, including real estate taxes

  2. Edwin Drantivy

    Contributor Level 18

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    Answered . Generally yes since the life estate holder is the one reaping the benefits of living at the property. However a close examination of the deed language is necessary to formulate a complete opinion.

  3. Bruce Givner

    Contributor Level 18

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    Answered . Since you received two different answers over the internet from two different lawyers licensed in New York, you have no choice but to actually hire a lawyer so that the lawyer can do the research necessary to give you a precise answer.

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