Legal Question in Wills and Trusts in Texas
Life Estate / Spousal Rights/ Insurance Liability
Our step-father has been given a life estate in our Mother's home. We have been told that my sister and I as heirs to her home (owned before marraige to step-father) are responsible for the insurance on the home. We cannot obtain insurance on the home until it has been put into our names. What is our liability here regarding this issue? Who is responsible for aquiring th insurance and the premiums. The Estate is not settled at this time and there is no insurance on the home.
1 Answer from Attorneys
Re: Life Estate / Spousal Rights/ Insurance Liability
Your step-father has the duty to pay the taxes and insurance on the home to protect the remainder which you will receive when he either dies or foregoes his life estate. If he refuses to do so, you have basis for a lawsuit to divest him of the life estate for committing waste upon the estate.