Can I abandon a life estate?
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Can I abandon a life estate?
I have life estate of a house but I haven’t lived there in a year. Now I’m getting a letter from the magistrate stating that my brother has taken possession of the house. Is this legal?
Asked on April 26, 2019 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, it is possible to lose a life estate in GA. Under GA code (law) section 44-6-83, you only keep the life estate so long as you exercise the ordinary care of a prudent person in taking care of his/her own property--e.g. maintenance, paying necessary bills, etc. If you fail to take such care, the "remainderman"--the person who gets the house after you--can take it over from you. If your brother was the remainder man and you did not live in the home for a year--so left it empty, and so were not in a position to check on it or maintain it properly--that could constitute grounds for you to lose your life estate.
If you disagree, you can bring a legal action challenging the lose of your life estate, and prove that you were taking care of the property.
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