Dear Quentin,
My aunt and uncle never had children, so they made a will in which their six nieces and nephews, including me, would inherit their estate equally upon their death. This property is located in Ohio. My uncle died and my aunt remarried years later, but never changed her will – with the sole exception of a life tenancy to her second husband. All of his nieces and nephews are remaining men, and they will still inherit this property.
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When she died, her attorney told us that we were responsible for taxes and property insurance for the time the tenant lived in the house. We have never been allowed to see a copy of this will to confirm whether the life tenure was in fact established this way or not. Is it unusual for designated beneficiaries not to receive copies of the will or, at the very least, not to be allowed to view the will?
I did some research on life tenancies and learned that unless specifically stated in the will, the life tenant pays taxes, property insurance and is responsible for the general upkeep of the property. But because we haven’t received a copy of the will and requests to see it have gone unanswered, we don’t know what it actually says. Nothing had to be probated, so there is no copy of the will in the county court registry.
What is our best recourse in this situation?
One of the remaining men
Dear Remainer,
Trust your Spidey sense. If something is wrong, it probably is.
The executor or administrator of an estate must keep beneficiaries “reasonably informed” of the contents of the will after it is probated. What constitutes “reasonably informed” is somewhat of a gray area, but if you’re asked (or told) to pay home insurance and property taxes on your aunt’s house, you’re expected to want to. see instructions in black on white. doesn’t seem unreasonable.
You are also correct that the person receiving the life tenancy is almost always responsible for paying property insurance, taxes, and maintenance fees. Any other arrangement, unless otherwise stated in your aunt’s will, seems very unusual. In most cases, a life tenant can even rent out the property, but they must not do anything that could decrease the value of the home; Additionally, life tenancy may impinge on their ability to apply for Medicaid.
“Suppose months have passed since a deceased person’s will…