Legal Question in Wills and Trusts in North Carolina

It depends on the will. I have seen clauses which grant a life estate and if the life tenant leaves for a certain period of time with the intent not to return, the life tenant forfeits the life estate. If there is no similar condition here and you get a life estate outright, then it may be possible for you to leave the home and rent it out.

You get the income from any rental. In return, you are required to pay for the maintenance, taxes, mortgage (if any), and insurance on the home. You have to make sure that the home is maintained and that waste is not committed by you or any tenant. You could also sell your life tenancy to the daughter if you want out that badly. The life tenancy has value. I am not an actuary or CPA, but there should be a way to value the life tenancy based on your life expectancy. If you want out and the daughter wants the home, she may be able buy your life estate.

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