Renting a house with a life estate - my brother is going to rent a house where he has a life estate in New York

Asked 10 months ago - Kingston, NY

my sister and I are remaindermen. do we have a legal right to know who he is renting to?

Attorney answers (1)

  1. Robert Miller

    Contributor Level 17


    Lawyer agrees


    Answered . You should have an attorney closely examine the documents which created the life estate. Many if not most have clauses which terminate the life estate when the life tenant ceases to occupy the property and/or otherwise alienates the property. If there is no such provision, you may not have a right to the personal details of the tenant, but are entitled to take action in case of "waste", meaning conditions which jeopardize the remainder interest.
    Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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