Can I abandon a life estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I abandon a life estate?

I have life estate of a house but I haven’t lived there in a year. Now I’m getting a letter from the magistrate stating that my brother has taken possession of the house. Is this legal?

Asked on April 26, 2019 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, it is possible to lose a life estate in GA. Under GA code (law) section 44-6-83, you only keep the life estate so long as you exercise the ordinary care of a prudent person in taking care of his/her own property--e.g. maintenance, paying necessary bills, etc. If you fail to take such care, the "remainderman"--the person who gets the house after you--can take it over from you. If your brother was the remainder man and you did not live in the home for a year--so left it empty, and so were not in a position to check on it or maintain it properly--that could constitute grounds for you to lose your life estate. 
If you disagree, you can bring a legal action challenging the lose of your life estate, and prove that you were taking care of the property. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption