Legal Question in Wills and Trusts in California

Re: Estate rights with life tenant

If your sister's will did, indeed, create a life estate in the boyfriend, he is generally entitled to all the benefits of ownership of the property for so long as he lives. By the same token, however, he is responsible for all the "duties" that apply to ownership of the property. The law requires that he not commit "waste" on the property -- meaning he cannot allow it to depreciate and devalue through neglect, nor can he ignore taxes, insurance, etc. If Mom sees evidence of such neglect of his duties, as executrix she can bring an action (directed to the attention of the court that probated the estate) to compel him to "do his duty." Although those basic duties may not be specifically spelled out in the will, they are presumed by the law, for the benefit of the remainder tenants who will take ownership and possession upon the life tenant's death.