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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2755
Experience:  Helping you with your legal questions.
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My sister and I are remainderman in an life estate left from

Customer Question

My sister and I are remainderman in an life estate left from our biological father with his second wife he tenant to live in the house until she dies or no longer able to live there. She doesn't want us to come around her in any way and we also do not have a key to the house. We do not know whether she is living there are alive. Are we allowed by law to at least go to the house to check on it and see if it has been properly maintained as well as check on her.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: South Carolina
JA: Has any paperwork been filed?
Customer: A new will was made per her demand in 2002 which changed everything my dad wanted with everything going to her and the life estate was set up at that time. Our father died in 2008.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like to know what rights do we have as far as being able to have control of the house at either her death or prior.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 11 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 11 months ago.

Hi Sharon: The most important concern you would want to confirm is that the taxes are being paid on the house. The life tenant is responsible for paying taxes on the home. You would want to make sure that the taxes are being paid. Also, as remaindermen, you are responsible for any capital improvements such as if the roof needs repair, plumbing, electric. If you did a drive by, you could see what the shape of the house is from the outside. She does have a right to live there and you do not have a right to enter the home without her permission. However, if there is an emergency repair necessary, then she should give you entrance, or you would go to court to get it. We can continue to discuss if you want to do so.

Expert:  Damien Bosco replied 11 months ago.

Hi Sharon: Just checking in to see if you need further help. Let me know.