Legal Question in Wills and Trusts in North Carolina

My husband is the grantee in a life estates reserved, one of the grantors (grandmother died) the other grantor is the grandfather still living. Does my husband own half of the property and what rights does he have?


Asked on 8/08/14, 9:14 am

1 Answer from Attorneys

assuming what you have described is something like

grantors are grandmother & grandfather

and grantees are your husband with life estate reserved for grandmother and grandfather.

since grandmother is dead her share would pass to your husband but your husband is still a remainderman as grandfather is still living. your husband does not own 1/2 the property. he is not a co-tenant, he is a remainderman.

as to rights, your husband has very little. he only has the rights of a remainderman not a co-tenant.

a life tenant (here grandfather) has exclusive right to use the property until he dies or conveys away his life estate - either to your husband or someone else.

the life tenant has an obligation to maintain the property, pay taxes and insurance. the life tenant has the right to profit from the property.

when the grandfather dies, then the life estate will be extinguished and your husband will own the property absolutely.

if the life tenant commits waste (like not paying property taxes or repairing the property) then your husband could be bring an action against the grandfather.

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Answered on 8/08/14, 6:24 pm


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