Legal Question in Real Estate Law in New York
life estate
does a lien attach to the life use of an individual
2 Answers from Attorneys
Re: life estate
I'm not sure I understand your question, but if youi are asking how long a lien attaches in Alabama, it is 10 years unless the one who holds the lien renews it before the 10 years. It can theoretically keep going forever if they renew it.
Re: life estate
A lien can only attach to real property if a party in interest does something to create the lien, and then only to the interest of that party. So, if the life tenant has a judgment against him, fails to pay taxes and this results in a lien, takes a mortgage, or any similar activity, a lien can attach. Similar activity by the remainderman can also cause a lien to be attached, but that lien cannot destroy the life estate and any execution on the lien would be subject to the life estate, if the life estate were created prior to the recording of the lien.