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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42272
Experience:  Texas Attorney for 30 years dealing in real estate
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Life Estate, New York; 94 year old man has an Life Estate on

Customer Question

Life Estate, New York; 94 year old man has an Life Estate on residence in New York, has abandoned property 2 years ago, receiver now wants to sell. Can 94 year old man move back in to prevent sale by receiver?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA.I am Ray and will be the expert helping you tonight.

Yes the life estate owner can reoccupy the residence.The courts would likely deny the receiver's abandonment claim.Legally he should do this as soon as possible to defeat the claim.

As long as he reoccupies the life estate remains valid here.The life estate tenant has to pay the property taxes and maintain the property.As long as he does this then he retains the life estate until he deceases or is no longer to live there.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

Typically a person who holds a life estate (the "life tenant"), has the right to do anything with the property that a full owner could do during his or her life. Therefore, a life tenant need not live in the property and use it as their home. They rent it out full or part-time (however the rental can’t be for a time longer than the life of the life tenant, since the life tenant only owns an interest during their life.

Expert:  Ray replied 1 year ago.

Moving back in would refute any abandonment claims and is a good idea of you want to protect your rights here.

Thanks again.

If you can leave a positive rating ti is always much appreciated.

Customer: replied 1 year ago.
Your answer satisfies the question, thank you very much.
Expert:  Ray replied 1 year ago.

You are so welcome.If you can rate you should get stars on your screen, thanks,