Mount Juliet, TN asked in Landlord - Tenant and Real Estate Law for Tennessee

Q: In Life Estate does L.E tenant have any responsibility for upkeep of property? Taxes & insurance yes; upkeep ?

First, and now second L.E. tenant, has passed and L.E has been removed from my warranty deed. Property has not been maintained over the years, significantly so. Can there possibly be a significant claim against the estate for all that should have been done, but was not?

1 Lawyer Answer
Anthony M. Avery
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  • Landlord Tenant Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: How was the life tenant removed from the deed? The remainderman can sue the life tenant for waste, but it should be very significant destruction of the land or improvements. After death, it will be a very difficult suit, which must be also filed as a claim against the estate.

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