Legal Question in Wills and Trusts in New Jersey

Re: Property

While I would have written it differently, it looks to me like the Will leaves her a life estate, with title passing to the children at her death.

Re: Property

The language reflects purely a life estate, and contains no rights to sell the property by the life tenant. She only has the right of occupancy. To allow alienation rights would be to defeat the remainder interest passing to the children, which is intended by the language of the Will. I am more distressed by the fact that the language of the document does not provide any guidance on what costs are to be borne between the life tenant and the remaindermen. Who is responsible for the costs of taxes, fire and liability insurance, regular day-to-day repairs, general maintenance (lawn care or snow removal for example) and any major repairs required during the life estate? This is a poorly drawn document, and may lead to litigation between the interested parties. The way the document is drawn may also constitute malpractice if prepared by an attorney, due to the deficiencies in specifying the allocation of financial responsibilities. A life estate is almost like a lease, and some responsibility is on the life tenant for maintenance and daily costs. Likewise, should some major repair be required (new roof or heating system for example), the costs would traditionally be paid by the remaindermen. I suggest some agreements be worked out before someone sues.