Legal Question in Wills and Trusts in New Jersey
No will results in life estate; 30 years later
Man died 30 years ago with no will. A life estate for his spouse resulted, with his 5 children as heirs to the property. Spouse maintained property (taxes, maintenance, etc) for 30 years, and is now ready to move (retire). Q: Is spouse entitled to monetary compensation when property is sold? Can anything be done to ensure spouse receives compensation upon sale of property?
1 Answer from Attorneys
Re: No will results in life estate; 30 years later
Typical problem of no Will. Statute gives a life estate, but does not allocate expenses between life estate and remainder interest. I treat these situations like a lease, certain expenses paid by life estate holder (tenant)and certain by the remaindermen (landlord). This follows the concept that life estate holder has certain responsibilities (like minor repairs, maintenance and a rent equivalent) as do remaindermen (like taxes). If you want to be sure the widow gets something, the remaindermen can agree among themselves on an amount and consider it a reimbursement after the sale. To assist you further, I would need more information, like what expenses were paid, what repairs and improvements may have been made over the years, etc. Write me directly or call me at 973-377-3313 and we can discuss this.