Legal Question in Wills and Trusts in Florida

Who is responsible for taxes and expenses?

My grandfather recently passed away. I took care of him. In his will, his son receives the house with the stipulation that I get to live here for 5 years rent free. Who is responsible for the upkeep of the house as well as the taxes on the house?


Asked on 5/30/07, 3:05 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Who is responsible for taxes and expenses?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Usually the party residing in the property would be responsible for taxes, insurance, and general upkeep of the house unless the will stated otherwise. Major repairs would be the responsibility of the owner similar to a normal lease agreement.

I would suggest that you have your attorney try to reach an agreement with the estate and/or the son who will receive the house as it is in his best interests that the house be maintained properly during your tenancy. You may wish to enter into a written agreement setting forth the rights and responsibilities of each party.

Scott R. Jay, Esq.

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Answered on 5/31/07, 5:59 pm
Matthew Weidner Matthew D. Weidner, P.A.

Re: Who is responsible for taxes and expenses?

The following is not legal advice and doe s not create an attorney/client relationship.

Generally the owner of the property is liable for all major expenses, taxes and upkeep. A tenant or anyone holding any remainder interest but possessing the property must maintain it and keep it in good condition. I would advise the new owner to prepare a written lease that would specify the rights of both parties.

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Answered on 5/30/07, 5:12 pm


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