Legal Question in Wills and Trusts in North Carolina

I know some people that passed 8 years ago, and left life time rights to their son, and he doesn't live there. The sister lives elsewhere and pays the taxes and does the upkeep. The brother finds it a burden and won't let anything be done, the sister has talked about letting it go back to the city for tax foreclosure..what or does she have any options?


Asked on 1/25/13, 12:51 pm

1 Answer from Attorneys
Rachel Hunter

The sister needs to speak with a real estate attorney who practices in the county/state where the real property is located. If the son has a life estate as you claim, then he has a duty to maintain the property and pay for the taxes, maintenance and insurance. He does not have to live there and can rent out the property but he has a duty to maintain the property. If he is not doing his job, then he will be liable for waste and the remainderman can bring an action against the life tenant and can ask the court to award her damages or even the property.

Its not ethical for an attorney to discuss this case with you as the attorney does not know who you are and cannot give advice about the sister's problems. I would strongly recommend that the sister get a real estate attorney and discuss her options with the attorney.

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Answered on 1/25/13, 4:11 pm


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