Lifetime Tenant Questions

[Nick13]

Jurisdiction

New York

My 2nd wife owned the house we lived in for 15 years. Before she died she willed the house to her 3 children, but gave me lifetime tenancy. As far as I understand, I can live in the house for as long as I want, but I do not own the house. Since I don't own it, who pays the real estate/property taxes for the house which is in her children's names??

Also, my wife had a clause in her will that I could not leave the property for more than 3 consecutive months at a time. Her lawyer said it was his standard clause so I don't just up and move away without telling anyone. Of course I would not do that, but I would like to live in Florida for the winter. If I'm in Florida for 5 winter months would that break the 3 month period in her will and cause me to lose my lifetime tenancy??

Thank you very much for your help!

 

[mightymoose]

It seems to me that 5 months us in excess of 3 months, so yes, that appears to violate that condition. Would anyone even notice you are gone. Do they care? Would they take action? Who knows.
Why not go ti Florida for a couple months then come back for a week to check on things before returning?
As for the taxes, I suspect that falls on the owners. Is there anything in the will prohibiting them from collecting rent or other fees from you?

 

[army judge]

My 2nd wife owned the house we lived in for 15 years. Before she died she willed the house to her 3 children, but gave me lifetime tenancy. As far as I understand, I can live in the house for as long as I want, but I do not own the house. Since I don't own it, who pays the real estate/property taxes for the house which is in her children's names??

Also, my wife had a clause in her will that I could not leave the property for more than 3 consecutive months at a time. Her lawyer said it was his standard clause so I don't just up and move away without telling anyone. Of course I would not do that, but I would like to live in Florida for the winter. If I'm in Florida for 5 winter months would that break the 3 month period in her will and cause me to lose my lifetime tenancy??

Thank you very much for your help!

I suggest you pay the taxes in exchange for your life estate.
That's how it usually works.
Otherwise, if the taxes go unpaid, eventually you (and her children) risk foreclosure.

As far as a five month retreat to Florida, I suspect you can work that out by speaking with the lawyer.

What I used to do was require contact details so that the person with the life estate could be contacted if an emergency arose.

You also would be best served to arrange for property or renters insurance, especially being away for months at a time.

Another consideration during your absence is to pay for a security patrol, or install alarms.

 

[Nick13]

I suggest you pay the taxes in exchange for your life estate.
That's how it usually works.
Otherwise, if the taxes go unpaid, eventually you (and her children) risk foreclosure.

As far as a five month retreat to Florida, I suspect you can work that out by speaking with the lawyer.

What I used to do was require contact details so that the person with the life estate could be contacted if an emergency arose.

You also would be best served to arrange for property or renters insurance, especially being away for months at a time.

Another consideration during your absence is to pay for a security patrol, or install alarms.

Your answer is very different than Mightymouse about paying the taxes. I pay all of the other bills, but since I don't own the house I do not feel that I should be paying the taxes. The house is totally paid for so foreclosure would not be applicable, but I do like the idea of security and insurance.

My wife's lawyer said if I just told the children when I was going and when I was coming back that it would be fine to go over the 3 months. But I get the feeling that my wife's kids want the house, so I'm sure they would revoke my lifetime tenancy if I was away 5 months.

 

[Nick13]

It seems to me that 5 months us in excess of 3 months, so yes, that appears to violate that condition. Would anyone even notice you are gone. Do they care? Would they take action? Who knows.
Why not go ti Florida for a couple months then come back for a week to check on things before returning?
As for the taxes, I suspect that falls on the owners. Is there anything in the will prohibiting them from collecting rent or other fees from you?

I think my wife's kids want the house, so I know they would notice if I left for the winter. As for flying back and forth, I don't think it would be cost affective since I am not rich by any means. I pay all of the bills and keep the house up as I would if I was a renter, but I don't pay rent, and renters usually don't pay for real estate/property taxes since they are not the owners.

 

[army judge]

Your answer is very different than Mightymouse about paying the taxes. I pay all of the other bills, but since I don't own the house I do not feel that I should be paying the taxes. The house is totally paid for so foreclosure would not be applicable, but I do like the idea of security and insurance.

My wife's lawyer said if I just told the children when I was going and when I was coming back that it would be fine to go over the 3 months. But I get the feeling that my wife's kids want the house, so I'm sure they would revoke my lifetime tenancy if I was away 5 months.

All I know is that if you refuse to pay the taxes, others will, too.
You are a freeman.
I don't own you, nor do I own anyone.
You are, as a freeman, free to ignore my free advice.
I have no quarrel with what others choose to do.
I do the things necessary to ensure I can quietly, serenely live my old age in solitude and calm.
I wish you the best, and my sincerest condolences upon the passing of your spouse.