How can a remainderman take the property from a life tenant due to not keeping the property up, etc?
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How can a remainderman take the property from a life tenant due to not keeping the property up, etc?
I am the remainderman. The life tenant is my uncle who lives out of state and hasn’t paid any taxes or any repairs on the house since my father passed. As I understand he is responsible to pay the taxes, etc. Is there anything that I can do?
Asked on February 16, 2017 under Real Estate Law, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Assuming that no agreement exists to the contrary, the law recognizes that a life tenant is required to make “ordinary” repairs to the property and keep it maintained and preserved so as to prevent "waste" to the property. Among the remedies that could be pursued by the remainderman in such a situation is the right to sue the life tenant individually for money damages. Further, the remaindermean should be permitted to seek and foreclose on an equitable lien against the property with the estate reverting to the remainderman. At this point, you should consult directly with a local real estate attorney.
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