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Can someone with a life estate file a partition to sell the property or does remaindermen have to do it?

Kingston, NY |

2 sisters are remaindermen,brother has life estate. would life estate holder be re-imbursed for anything which he is responsible for under life estate such as taxes,upkeep and maintenence at sale by partition?

house was inheritated by the 3 siblings,brother chose to have a life estate because he was running from bill collectors,thought he could avoid a lein on house by having a life trust or will involved. all the deed says is: " subject to and reserving a life estate in favor of ( NAME) ,son of decedent and tenant in posession"

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Best Answer

From what you state, it sounds like your brother's life estate is not a concurrent interest with the remaindermen so there isn't anything to partition. He could sell his life estate to anyone, including the remaindermen, but unless the purhaser has a remainder interest they want to consolidate, there probably isn't much value to the life estate. You need to sit down which an attorney who can review the documents before giving advise particularto your situation.


On what basis is the partition being sought? Was this through a trust? If the sisters are doing it, they may be challenging the trust or the Will.

The life estate holder has the right to occupy the property for life.

What are you doing and why?

You really need to sit down with an attorney.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.


It depends on the language of the governing document (will, trust, etc.). It may be authorized but it may be prohibited also. Hard to tell without examination of those documents.

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