Full question:
My step dad, 92, has a life estate on the property my mother deeded to me when she passed. The home is being neglected and now needs repairs. MY step dad feels I should be mostly responsible for these. He feels that since it is not his house he is not responsible. What are his responsibilities as well as mine. Just recently I visited and smelt gas. I called the gas company and they found two leaks and shut the gas out until repairs are done. He never smelt the gas leaks. I'am concerned about his well being and being alone in the home. It is going to take much repairs when he is no longer living there. How can I maintain the home site when I don't generate an income from it and what rights do I have? Who is legally bound to maintain?
- Category: Real Property
- Subcategory: Joint Tenants
- Date:
- State: Alabama
Answer:
The life tenant, in this case, your stepdad, has a responsibility to maintain the property and cannot harm it or allow it to fall into disrepair to the detriment of the remainderman (you). This means he must avoid any actions that would significantly damage the property or reduce its value. Specifically, the life tenant is liable for any unreasonable or improper use, neglect, or failure to act that leads to substantial harm or depreciation of the property’s value.
Additionally, the life tenant is required to keep the property insured, maintain it, and pay property taxes. These obligations are in place to preserve the property’s value for those who will inherit it after the life estate ends.
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.