Legal Question in Wills and Trusts in North Carolina

Re: Life-time estate

If your uncle holds a lifetime right to the property, then he is considered the "life tenant" and you are considered the "remainderman." Generally, a life tenant has the right to treat the property as his own. He may collect rent on the use of the property, enjoy the proceeds from any timber or harvests from the land, and take any action that does not significantly injure the land or decrease its value. Since a "remainderman's" right to use the property does not vest until the death of the life tenant, your uncle can control whether you use the land and he may even prohibit you from using the property during his lifetime.

One related issue is property taxes. While the life tenant is legally responsible for the taxes during his lifetime, if he does not pay them, then the remainderman can also lose the property to the county or other taxing authority.