Legal Question in Real Estate Law in Hawaii

If there is a condition in someone's will where they allow for their child to live in a home rent free for the remainder of their life as long as it's their primary residence and pay for the property tax and homeowners insurance. Is there any way that, that child allow for their child to stay in that home in their place and pay of the property and homeowners insurance, if they are unable to live there themselves?

Asked on 9/09/10, 11:39 am

1 Answer from Attorneys

Jon Zahaby Tour bus, scenic and sightseeing, operation

It really depends on the specific language in the Will. Problems may arise depending on who is the remainder beneficiary to the property (i.e. to whom does the property belong now and who's possession does it revert to after the life of the life-estate grantee). Extending the grant to the next generation may have tax, liability, fiduciary (for executor), etc. ramifications.

Aloha, Jon A. Zahaby, Esq.

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Answered on 9/14/10, 1:54 pm

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