Property is ruining..life estate in the way

[rkjohnson]

What is the name of your state (only U.S. law)? Georgia

My mother deeded property with a creek and barn on it to me. She has a reservation of life estate. She does not live in this state, although she visits sometimes. She is not maintaining the property and she won't let me maintain it. The creek has grown up with small trees, the field is waist-high in weeds/brush, and the barn is ruining quickly with large brush and trees growning up through it. She is paying the taxes on it. She is only 68 y/o. Hopefully, she will live a long time. However, the property will be terrible by then. It's pretty bad now. What can I do.
I should add that there is NO reasoning with her.

 

[justalayman]

offer to purchase her life estate

 

[tranquility]

Waste usually requires actual damage. What is the damage?

Even if there is damage, are you ready to sue mom?

 

[154NH773]

I won't try and advise you, there are others that have more expertise, but if you do a google search on "life estate" you will get a ton of information.

It looks like it may depend largely on the wording of the life estate as to whether you have any right to protect it.

An interesting article from West's Encyclopedia of American Law, states the following:

The holder of a life estate cannot do anything that would injure the property or cause waste, or in any way interfere with the reversionary interest of the grantee. The life tenant has the right to exclusive possession subject to the rights of the grantor to (1) enter the property to ascertain whether or not waste has been committed or is in the process of being committed; (2) collect any rent that is due; (3) come upon the property to make any necessary repairs; (4) move timber that has been severed and belongs to him or her; and (5) do any acts that will prevent the termination of his or her reversion.

The life tenant is permitted to use the property in the same manner as the owner of a fee simple, except that he or she must leave the property in reasonably good condition for the individual who will succeed to the possession. The life tenant has an obligation to maintain the property in good repair and must pay taxes and interest on any mortgage on the premises when the life estate begins.

So it is possible you may have some right to "make necessary repairs" but I would consult an attorney before charging ahead.

 

[John Se]

you own the house

Its yours so maintain it, she only has rights to live there.

 

[drewguy]

Its yours so maintain it, she only has rights to live there.

That is not correct. The holder of the life estate owns the property. The difference between a life estate and owning in fee simple is that the life estate owner may not further specify ownership of the property after death.

This is not a life lease.