Q: What’s the protocol for a life estate holder who wants to rent out the house now. Does he need a special type lease?
And what happens to the deposit from the renter that the life tenant holds in his account when the life tenant dies? What is the protocol for the remainder man can he immediately take possession of the property.?how does the renter get their deposit back from the family of the life tenant who’s now dead? Are any prospective tenants supposed to be informed that this is a lease agreement in a life estate and will become void after the life tenant dies. This property is in Los Angeles area. I’m the remainder man and the life estate holder won’t communicate with me he is my mother’s 2nd husband and I’ve had to already call him out for not paying property taxes for two years which he begrudgingly paid but he’s mad at that.It’s a difficult situation any advice would be so greatly appreciated.
A:
As the tenant was married to the life tenant, he most likely was aware that his wife only owned a life estate. His claim for refund of the deposit is a claim against the life tenant’s estate. However, you might offer to refund it to him personally and save him from having to make a creditor’s claim in probate if he moves out voluntarily by a certain date. Otherwise you need to hire a landlord-tenant attorney to start an eviction action against him.
Yes, the remainderman has the right of immediate possession after the life tenant passes, but you have to use the legal eviction process to remove the tenant.
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