Legal Question in Wills and Trusts in New York

Life tendency

If the person has life tendency are they resonpsible to pay the taxes on the residence that they were given with the life tendency.


Asked on 1/25/07, 12:00 pm

2 Answers from Attorneys

Michael Moberg Moberg & Associates

Re: Life tenancy

Yes. A life tenant is responsible for the payment of real property taxes and utility bills and receives the benefit of any rental income the property may generate. He/she may terminate his/her life estate at anytime thereby absolving the tax liability but no longer able to reside in the home rent-free.

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Answered on 1/25/07, 12:47 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Life tendency

While I agree generally with Mike's comments, and would include insurance bills, telephone and the like, a complete answer would depend upon facts not included. For example, if a parent transferred ownership to his/her children, there might be economic reasons for doing this, it might have be done for gifting to reduce potential death taxes, possible Medicaid planning, etc. The reasons and expectations of the transfer (why it is being done and what responsibilities remain with the Grantor), should have been spelled out in some writing between the parties,

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Answered on 1/25/07, 1:17 pm


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