AboutJonathan Dever, Esq Expertise Real Estate Law, Buying Selling, Investor, all types of acquring property through "creative techniques" and fraud avoidance
Experience Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years
Organizations Ohio Bar Assn
Greene County Bar Assn
Champaign County Bar Assn
Publications Personal web site and web articles
Education/Credentials JD - Capital University
MA - IU of Penn
BA - U of Cincinnati
Awards and Honors Super Lawyer 2005, 2006, 2007
Who is Who, Lawyers 2006, 2007
Expert: Jonathan Dever, Esq Date: 5/12/2008 Subject: Remedies for remaiderman
Question QUESTION: I am both the trustee of a trust that has been paying the expenses of a condo and the remainderman taking title when the life estate holder dies. The life tenant has been notified that the trust is about depleted, but tenant threatens she wont pick up the costs (HOA, insurance, taxes). What remedies, if any, are available to enforce her duties and prevent liens and/or a tax sale of the condo?
ANSWER: This is a great question, but entirely too complicated for this format. To answer your question, the legal documents, including the trust, life estate, deeds, etc, must be read.
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QUESTION: I am not surprised at your response and I respect it, but I would like to know if there has been a lot of cases on this issue so that the law would be fairly settled. Or, are there so few cases that the outcome is highly unpredictable. Maybe there is a text that you could suggest that would shed some light on what I can expect. Thank you again. Steve
Answer Unfortunately these matters are fact specific. The language of the documents will control any application of case law. Typically what is settled are the rights of life tenants and the rights of remaindermen. However, "Black Letter" rules, the application of which, would be in the specific context of your fact pattern.
