Legal Question in Wills and Trusts in Virginia

Re: life time property rights

Everything depends on the wording of the will, of course. Any indication of your husband's actual intent would control the situation. However, in the absence of a specific indication of what your husband actually intended in giving you life-time rights, the normal rule would be that the life-time tenant would be responsible for routine on-going expenses, such as real estate taxes and routine maintenance. Major repairs or major maintenance -- particularly anything that looks like a capital improvement that increases the value of the house rather than just maintaining it "as is" would normally be the responsibility of the eventual owner, the daughter. If there is anything major or which expands or improves the house BETTER than how you got it on your husband's death, you should advise the daughter and talk to her about helping to pay for it. However, that could mean a home improvement loan on the house, which she would have to sign off on as a part owner of the house.