Legal Question in Wills and Trusts in New York

Routine Maintenance of a house in trust - who pays and arranges

Trust gives surviving spouse right to use house until death, re-marriage, or no longer wanted. House was put into a living trust many years before husband died and several years before he had married surviving spouse, who continues to live in the home. Surviving spouse has plenty of income. Does survining spouse arrange for and pay for routine maintenande of house - like grass-cutting and snow shovelling, or does trust arrange for it and pay. What about re-painting the inside? What about re-paving driveway? What about roof? What about insurance on the home? Property taxes? Any information would be appreciated


Asked on 9/28/03, 5:46 pm

1 Answer from Attorneys
H. J. Gartlan

Re: Routine Maintenance of a house in trust - who pays and arranges

The terms of the trust itself would normally control the resolution of this matter. If the trust is silent as to maintenance, the entire trust document would be examined to attempt to determine the intent of the Grantor. In the absence of a clear determination of intent, the actions of the Grantor during his life could be used to indicate his intent.

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Answered on 10/06/03, 2:05 pm


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