Q: Hello - This is a life estate question for Upstate New York. See below for more info.
Hello - In upstate New York, my uncle was given a life estate for the house he was living in. He has since moved out, allowed the house to fall into disrepair, and refuses to pay the taxes on the property or homeowners insurance which he was supposed to be doing. Does this invalidate his life estate, or do we have a case to file to invalidate the life estate?
The house and the property it's on are owned by 3 relatives with the uncle having the life estate.
A: No. Termination of the Life Estate is left to the Remainderman. No one else has legal standing.
A:
Upon your uncle's death, who is the house supposed to pass to?
Jack
Steven Warren Smollens agrees with this answer
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A:
Life estate deeds can be amended and terminated, but the process is not simple. You need the remainderman’s consent to reverse a life estate deed in New York. The same is true of making changes to the deed. This is why it’s crucial to choose your remainderman wisely. They should be someone you trust to keep your best interests and the best interests of your estate in mind.
Depending upon the language of the life estate, the "remainder men" can sue for "waste," and to terminate the tenancy, but it will require litigation.
Good luck.
Steven Warren Smollens and Anthony M. Avery agree with this answer
A:
No. The House is owned by the Life Tenant.
Isn't there a deed that shows the creation of the Life Estate and transfers from the Grantor to the Life Tenant that names the Remainderman as the successor fee owner?
See for example: https://rklawny.com/what-is-a-life-estate-in-new-york/
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