Life estate in wv

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Life estate in wv

My son was given home. While woman retained a life estate on the contingencies that she pay taxes. Home insurance and reside there. She has been gone from property for 3 years and this year I will have to pay taxes. There’s no insurance. What for do I need to file in court to have this revoked?

Asked on December 29, 2018 under Real Estate Law, West Virginia

Answers:

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

Answered 2 years ago | Contributor

A life estate is a legal arrangement to transfer property automatically upon a person’s death. One person is given an interest in the property for their lifetime, the life tenant. Upon their death, the property will pass automatically to one or more other individuals or entities, the remainderman or remaindermen. State law allocates the expenses associated with the property between the life tenant and the remaindermen; The life tenant is responsible for the interest portion of the mortgage, property taxes, insurance and ordinary upkeep/repairs; the remaindermen are responsible for the principal portion of mortgage payments and extraordinary repairs. Often the life tenant cannot afford (or simply doesn’t pay) the expenses associated with the life estate. In such a case, the life tenancy can be revoked by either by the person who created the life estate, by agreement between the life tenant and remiandermen, or by an order of the court. At this point, you should consult directly with a local real estate attorney who can best advise you further.


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