Life Tenant Questions

[OceanGreen]

I am in a Life Tenant situation and I would like to get some advice.

#1 In a Life Estate or Lifetime Occupancy, I would like to know if the Life Tenant has any legal right to see the specifics of the agreement that was left by the grantor, it seems to me that many agreements must state specific instructions for different situations that will certainly effect what the Life Tennant needs to do. Or do we have to take the word of the remainderman to what was actually said in the agreement.

#2 Since the Remainderman is actually the owner of the property, can they can they do things like ..demand keys to a home? are they able to enter the premises without the Life Tenants knowledge?

 

[TheGeekess]

I am in a Life Tenant situation and I would like to get some advice.

#1 In a Life Estate or Lifetime Occupancy, I would like to know if the Life Tenant has any legal right to see the specifics of the agreement that was left by the grantor, it seems to me that many agreements must state specific instructions for different situations that will certainly effect what the Life Tennant needs to do. Or do we have to take the word of the remainderman to what was actually said in the agreement.

#2 Since the Remainderman is actually the owner of the property, can they can they do things like ..demand keys to a home? are they able to enter the premises without the Life Tenants knowledge?

What US State?

 

[justalayman]

#1 In a Life Estate or Lifetime Occupancy, I would like to know if the Life Tenant has any legal right to see the specifics of the agreement that was left by the grantor, it seems to me that many agreements must state specific instructions for different situations that will certainly effect what the Life Tennant needs to do. Or do we have to take the word of the remainderman to what was actually said in the agreement.

well, that would be the deed and they are recorded at an office with a title like: registers office, office of land records, and other similar names.

Any other document that might be a resource for direction would be in a document called a will. That will be found (if the grantor of the deed has already died and probate completed) at the probate court in a file under the decedents name.

#2 Since the Remainderman is actually the owner of the property, can they can they do things like ..demand keys to a home? are they able to enter the premises without the Life Tenants knowledge?

for all practical purposes, the tenant is the owner. The tenant has a right to treat the home as their own with few exceptions. Included in those rights are to prohibit entry to anybody other than those with police powers (and a right at the time to enter) and those under the direction of a courts order or those give special powers by the states (some states allow some inspectors to have the right of entry although even those right are only limited rights)

so no, they cannot demand keys

no, they cannot enter the property without your permission. Depending on the state you may have to issue a notice of trespass first but once you do that, entry on the property without your permission (that is on the property, it doesn't need to be entry into the building) is a trespass and can be criminally prosecuted as such.

Most issues regarding life tenancies are settled in law, either statutory or common (case law). Generally it is the obligation of the tenant to prevent waste to the property. That means they are responsible for maintaining the property in a manner comparable to that in which they received it. Paying taxes is also an obligation of the tenant.

If there is a mortgage, the tenant is generally liable for the interest assessed on the principle with the remainderman liable for the princinple. If there is a major repair needed, it is often assessed on a pro rata basis based on the expected remaining time of the tenancy and the expected life of the repair.

 

[OceanGreen]

Property is in Florida The Grantor died in and the Probate occured in NJ. There were no other documents recorded in the surrogate court other then a will.

"Paying taxes is also an obligation of the tenant. If there is a mortgage, the tenant is generally liable for the interest assessed on the principle with the remainderman liable for the princinple"

All of the properties expenses are being paid by the Remainderman, that's why I am sure there must be some document instructing this, as this particular remainderman would not be paying one cent beyond the legal obligation.

 

[I'mTheFather]

Is there some reason you didn't ask these similar questions in your previous thread?

https://forum.freeadvice.com/wills-trusts-estate-planning-113/son-living-condo-left-fathers-will-stepmother-620118.html

 

[justalayman]

definitely would have been good to add to that thread, especially since what is in that thread is not a life estate as it was described.

given that is the case; none of what I posted is applicable

 

[OceanGreen]

definitely would have been good to add to that thread, especially since what is in that thread is not a life estate as it was described.

given that is the case; none of what I posted is applicable

I am referring to this situation as a LIFE ESTATE or Lifetime Occupancy because I was told on this forum, that was probably what it was! and I believe it might be! Unfortunately I didn't know any of this at the time I posted my original question. I only knew what was stated in the will, that I am allowed to live in the apartment until my death! but the apartment belongs to the wife, and since she is paying the expenses. I can only assume she was instructed to by some document! so if it's not a life estate or Lifetime occupancy what could it be?

 

[OceanGreen]

One other thing I would like to ask, ..is it possible that my father just left the wife the property and then just stated in his will that I have the right to remain in the apt. for my lifetime? would that be legally binding?

 

[justalayman]

You need to go figure out what the situation is. It makes no sense to continue guessing at answers.