Attorney Thomas B. Burton answers a reader question about whether there is a way to have someone's life estate removed from a piece of real estate in Wisconsin.
Transcript of Video: Is There a Way to Have Someone’s Life Estate Removed?
Today's question has to do with a life
estate and the reader writes from Three
Lakes Wisconsin is there a way to have
someone's life estate removed if so must
I as the remainder person pay them their
financial share he goes on he/she goes
on to explain a married couple has a
life estate on a property I own in
Wisconsin it is used as a vacation home
thus they have never spent anywhere near
consecutive 12-month period there could
their life estate be revoked for this
reason are there special considerations
for properties which are considered
vacation homes alternatively could their
life estate be revoked because they
insist I handle all upkeep and pay all
taxes and utility bills so in general
there's no special consideration unless
the deed says so about the 12-month
requirement you mentioned a life estate
is granted for the life of the person
unless in the deed it says they must
occupy the property a certain amount
there's no general rule that they have
to occupy it for 12 months if you are
tired of the life estate person
you could offer to buy them out because
their life estate is an interest they
could sell so that might be one option
it depends on who created the life
estate who is supposed to pay the upkeep
and taxes generally a life tenant would
be responsible for paying the taxes but
this could be altered by agreement
between you or the instrument that
created it in addition you sounds like
you got into this life estate without
you wanting it so I would think of some
creative ways again to get out of it
like perhaps you offer to buy out the
life tenant so they don't use the
property anymore or if the
deed creating the life estate has
specific rules that the life tenant
isn't following perhaps you could use
that as a reason
to terminate the life estate I suggest
you speak with a qualified real estate
attorney in your area who can take a
look at this deed and advise you on your
best options great question and thank
you for asking!
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