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What are the Responsibilities of a Life Tenant for Taxes and Insurance?

What are the Responsibilities of a Life Tenant for Taxes and Insurance?

Full question:

What is the responsibility of a person when they are left a Life Lease of a Will/Estate? My husband and his brother's father remarried after their mother passed. New wife moved into their father's home after they married. He died. He wanted her to have a Life Lease even though everything was left to the boys. What is her responsibility to the home over-all. Taxes, property insurance, maintenance fees etc?.

Category: Real Property
Subcategory: Joint Tenants
Date: 04/07/2025
State: Michigan

Answer:

The life tenant, cannot injure or commit waste to the real property to the detriment of the interests of the remaindermen. A life tenant is subject to liability for an unreasonable or improper use, abuse, mismanagement, or omission of duty regarding real estate which results in its substantial injury, including lasting damage to the remainder or depreciation in its value. Therefore, the life tenant must keep up the insurance, maintenance, and property taxes. A life tenant has an obligation to preserve the value of the land for those with subsequent or remainder interests.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if my husband dies and everything is in his name?

If your husband passes away and all assets are solely in his name, those assets typically go through probate. This process determines how his estate will be distributed according to his will or, if there is no will, according to state intestacy laws. If he had a life lease arrangement, the terms of that lease may also affect how the property is handled. It's advisable to consult with an estate attorney to understand your rights and options.

Can you ask your husband to move out?

Yes, you can ask your husband to move out, but the process may depend on your living situation and local laws. If you both own the home, he may have legal rights to remain until a court decides otherwise. If you are in a lease together, you may need to follow the lease terms. Consulting with a family law attorney can provide guidance based on your specific circumstances.

Can a husband exclude his wife from his will?

Yes, a husband can exclude his wife from his will, but this may not affect her rights to certain assets. Many states have laws that protect spouses, allowing them to claim a portion of the estate, even if excluded. This is known as the elective share. It's important to consult with an estate attorney to understand the implications of exclusion and how state laws apply.

Can my husband leave me with nothing in his will?

In most cases, a husband can leave his wife with nothing in his will, but state laws may provide her with certain rights to a portion of the estate. These rights vary by state, and many have laws that protect spouses from total disinheritance. It’s advisable to consult with an estate attorney to understand your rights and options based on your specific situation.

How soon can a spouse change a will after death?

A spouse cannot change a will after the testator's death. Once a person passes away, their will is typically submitted for probate, and its terms are legally binding. However, the surviving spouse may have rights to contest the will or claim an elective share, depending on state laws. Consulting with an estate attorney can help clarify your options.

Can my husband leave me out of his will?

Yes, your husband can legally leave you out of his will. However, many states have laws that allow a spouse to claim a portion of the estate, regardless of the will's contents. This is designed to protect spouses from being completely disinherited. If you find yourself in this situation, it’s wise to consult with an estate attorney to explore your rights.