Life estate

My mom was willed a life estate by her ex. She lives in the home now. The home owner is her ex’s daughter and she is not paying the property taxes. Am concerned that the house could go into foreclosure. Is my mom obligated to pay the taxes?

Asked on April 27, 2017 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A life tenant is responsible for paying the real estate taxes (as well as the insurance, and ordinary maintenance costs) related to the property. Further, failure to do so is called "waste". And when a life tenant commits waste, that constitutes grounds for the remaindermen to sue to have the life estate terminated.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.