Madison, AL asked in Real Estate Law for Virginia

Q: If an individual has life rights to a property until their death, do the Grantees have to pay off all liens?

Life rights individual has at least two federal liens on themselves, but it is an unknown to the Grantees if the liens are

attached to the property solely. Do the legally documented Grantees of the property have to pay for any of the liens? It is believed the liens are strictly for non-payment of individual's personal taxes.

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1 Lawyer Answer
Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: The term the law uses is 'life tenant' which means that that individual has the right to live on the property for their life; those who then get the property on death of the life tenant are called 'remaindermen' or 'remainder interest' (think of 'what's left after the life tenant dies'.

Basic rule: any liens or obligations of the life tenant go away when the life tenant dies; the remainder interest does not have to worry about it. There are one or two exceptions - one being that the real estate taxes survive.

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