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lifetime estate or tenancy?

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bstitely

Junior Member
I live in the state of Maryland and all property and persons involved also live in Maryland.

About 20 years ago, my grandfather passed away leaving his house and property to split between my father and his sister, my aunt. Approximately 17 years ago, my father filed his will, leaving his portion of the property to my brother and I and granting his sister a "lifetime estate" should he pass first. In the subsequent years, my brother has passed away, my Aunt sold her portion of the properety to my father to aid in getting her financial assistance. She became a tenant of the property and paid my father monthly rent to stay there. And my father never amended his will.

A little over a year ago, my father passed away, naming me as personal representative. One of my Aunt's "friend's" took her to a lawyer who told her she no longer needed to pay rent. A friend of mine who also practices law, though wills and estates are not his specialty, told me that since she was already paying rent to my father there is no need to expect that arrangement to change due to my fathers passing. That in this case she had a "lifetime tenancy" in the property, though the term "Estate" is specifically used.

All this becomes important now, because my father had a mortgage on the property and no insurance to cover the outstanding balance. What little money was left in the estate is rapidly dwindling and I need to know which answer is correct. I'd be happy to let my aunt live there free of charge, but can't afford to continue to make payments on the property once the rest of my father's assets have been exhausted.
 


justalayman

Senior Member
a life estate of life tenancy can be the same. It would depend on the context.


,
my Aunt sold her portion of the properety to my father to aid in getting her financial assistance.
did this include her life estate? If not, your aunt is nothing more than a tenant, like in renter, not life estate.

If she sold only her interest in ownership, then she still maintained her life estate. In fact, since your father was the sole owner, it made things easier since there is no concern of multiple owners shares involved.


she owes nobody any rent.

because my father had a mortgage
you can pay that mortgage o allow them to foreclose or sell your interest in the property. Your choice. Aunt may be liable for interest on that mortgage depending on how the life estate was constructed but unless specifically stated in your fathers will, she is not liable for the mortgage principle. She is likely liable for taxes and maintenance of the premises though.

I'd be happy to let my aunt live there free of charge, but can't afford to continue to make payments on the property once the rest of my father's assets have been exhausted.
then you have the choices mentioned above. Your aunt will still have a life estate in the property though so anybody that buys it will have to buy it with that intact.


there is one other kicker here. Did your brother have a wife or children? If so, depending on how your fathers will was written, your brothers heirs may have inherited his share.
 
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