Legal Question in Wills and Trusts in New York

Life Tenancy Without Occupying Home

When Father passed away 5 years ago he left our step-mother of 3 years a life tenancy in our family home. Upon step-mothers death (or if she were to sign off on her life tenancy) the home is inherited by the 5 remaining children. Step-mother was never close to any of us and has not lived in the home. She has two othr homes she shares her time between. She has told us she has no intention of living in the home but considers it ''hers''. My sister lived in the home for over 3 years. She moved out and I moved in (all with step-mothers permission). I pay taxes and upkeep on the home. There is some improvements needed, roof and driveway repairs. Mentioned I would like to get a home equity loan (siblings are in agreement) and step-mother hit the roof. Feels she is obligated financially somehow and will not approve loan. Is there any way we can get around this? How much power/control does she have over us and the house? I intend to live here and my siblings want to sign the house over to me but when can we do this? We try to placate step-mother but feel we are at her mercy.


Asked on 1/18/05, 1:19 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Life Tenancy Without Occupying Home

I have not read the language creating the life tenancy, so my answer will be general, unless I can see the language. It may be that by her actions (non-use for several years) she has "abandoned" the property, thus creating the right to terminate the life estate. This could only be guaranteed by a suit seeking a legal determination, if abandonment is a basis for its termination. As remaindermen, you should be able to finance the improvements by a home equity loan, without creating a financial obligation on her part. Her sole "risk" is that if the loan is defaulted, the bank could foreclose, but its foreclosure would be subject to the life estate anyway. I do not see the family defaulting, as they would lose the property, so the "risk" is minimal. If you would like me to review the language, fax or e-mail it to me.

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Answered on 1/18/05, 2:41 pm


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