Legal Question in Wills and Trusts in Washington

life estate

My stepmother has a life estate on a house that is willed to the children. Who is responsible for the repairs and upkeep of the house? Is it the children who inherited the house, or the stepmother who has the life estate?


Asked on 4/18/06, 1:14 am

1 Answer from Attorneys

Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: life estate

A person who has retained a life estate in real property is still responsible for maintenance and upkeep of the property, as well as paying for real estate taxes and insurance. This assumes that the property was actually transferred by deed (Quit Claim, Warranty, etc.) to the one or more heirs. Life estates do not exist without that transfer. Thus, no one has "inherited" the house in the legal meaning as the title to the house would have already passed to the new owners with the mother retaining the life estate during the mother's lifetime, i.e., while the mother is alive. The life tenant also has the right to rent out or lease the house during her lifetime and keep the money but any such rental or lease agreement will expire upon the death of the life tenant. The life tenant is not responsible for any house payments as those are assumed by the new owners when the title to the house was transferred unless there was an agreement by the life tenanat to continue paying the house payment voluntarily.

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Answered on 4/18/06, 11:00 pm


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