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My aunt has a life estate on my dads home, how can I make her pay the taxes and insurance?
Boston, MA
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Posted 2 months ago in Probate
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My dad recently died and left the his house to me via his will. However, he left a life estate in his will for my aunt. My aunt is in the house now but refuses to pay the taxes and insurance. Can I terminate the life estate? If no, how can I make her pay it as she has the money. I can't afford to keep paying the insurance and taxes. Secondly, does a new deed need to be recorded with the life estate language?
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Kara O'Donnell
This attorney is licensed in Massachusetts.
Posted about 1 month ago.
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In a life estate, the tenant (aunt) is the owner, fee simple, for her lifetime and thus she should pay taxes (just as anyone would on land they own.)
Instead of having an heir, a life estate has a 'remainderman' (one who remains) and that person (You, in this case) takes ownership after the demise of the life tenant. The life estate holder has an obligation not to permit waste -- ie. damage or destruction of the improvements or their value. That includes failure to pay taxes which will result in its loss to the taxing authority. It generally does not include payment of insurance. You have the right to act to preserve the property (including payment of the taxes) & to seek contribution from the life estate holder for doing so. In an extreme case the remaindermen can even petition to terminate the life esate. See an attorney about your rights & how to protect them. Kara O'Donnell Law Office of Kara O'Donnell Quincy MA www.QuincyLegal.com |
