Legal Question in Wills and Trusts in New York

Life use of property

My grandmother passsed away in February, and left her house(which is paid for) to me in her will. But she also left her nephew life use of the house as long as he pays all taxes, utilities, maintenance and repairs. If he does not pay what is mentined, the life use of the house is to be terminated. My uncle was named as the executor of the will and he has done nothing so far. Originally he wanted the nephew to soley have the house and does not think I should live there. I am renting to own th house I am currently in ad woul lik tosell my grandmothers house once the deed is turned over to me.Is there anything I can do since the nephew was left life use? I would like to live there if he doesn't, but because he does currently live there I would rather not considering I have a child and the nephew has a history of drug use.


Asked on 8/05/03, 11:48 pm

3 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Life use of property

A life estate terminates only upon the death or vacature of life tenant(nephew). You could sell the house only with his permission. Why not offer to buy him out w/ part of sale proceeds?

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Answered on 8/06/03, 2:56 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Life use of property

Not as long as he does as he is required under the terms of the will, if he fails to fulfill his end you can move in court to extinguish his interest based upon default but as long as he's maintaining the property, you cannot sell it during his lifetime. But although you cannot sell it, he can. To you or someone else. You may want to consider making an offer to buy.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 8/06/03, 9:22 am
Walter LeVine Walter D. LeVine, Esq.

Re: Life use of property

As long as the life tenant complies with the terms of the Will and pays the monies he is required ton pay, you cannot do anything. You have the right to periodic inspections to see the house is maintained and can evict him if he allows it to begin to go into disrepair. Unless he leaves or fails to meet his obligations, you have to wait. While the Will has conveyed ownership to you, a Deed should be recorded to properly reflect your ownership. It can recite the life estate. Ask the executor to have one prepared and recorded.

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Answered on 8/06/03, 10:54 am


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