What are a life tenant’s rental obligations, if any?

Uncle owned a home and passed away. He was married but he owned the home; widow is not on deed documents. Will states that, “Widow can live in the house as long as she lives or remarries or cohabits”. Does this imply that she can live there rent free or can the beneficiaries charge her rent?

Asked on March 3, 2012 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, they can not berequired to pay rent to the remaindermen (those that will inherit the property after your Aunt dies).  She was granted a life estate and with that comes the right to live there rent free.  I would take the Will to some one to review and to advise you under the parameters of the law with in your state.  Good luck.


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