Saint Stephen, SC asked in Estate Planning for South Carolina

Q: How does a life estate deed work? Who puts the deed in the reminders name when life tenant dies

2011 my father passed away 2 properties left to me in a life estate. mother lived there until 2015. I moved there 2015. the property taxes were behind. tax office told me I had to pay back taxes before I could put deed in my name couldn't afford to pay the back taxes ($8000 for 2015 & 2016) but was told as long as they were in a life estate they would not be auctioned off for back taxes. I tried twice to get the taxes reduced to 4% as owner occupied on the house I lived in but couldn't because it was not in my name. This would have lowered my taxes from $2500 to $700 a year. couldn't afford to pay the back taxes which by 2017 was $18,009 nor could I borrow money or sell anything. Tax office is charging me at 6% every year plus fees and penalties .11/15/21 the property service received notice from auditor to remove the life estate. now its in my name with a tax bill of $36,000. I've been fighting this since 2017 still can't afford that much. Now they are selling my homes on 11/6

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: Property Taxes have nothing to do with the Title. Apparently you need to hire an attorney to search the title and determine record ownership. Usually the grantor makes one Deed conveying life estate(s) to someone, then either conveys a remainder estate to someone or retains it himself. There are many types of future interests, but that is the usual LE/REM scenario. Usually the estates are vested at deed execution, and the life tenant possesses it during his life and the remainderman vests in possession at the termination of the life estate. A County Tax Sale will destroy both estates.

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