Detailed Answer

What is a life estate? A life estate gives a person (the life tenant) the right to possess and use real property for the duration of that person’s life. At the life tenant’s death, the property passes to the remainderman (the person who holds the future interest) or reverts to the grantor’s heirs, depending on how the estate was created.

Core duties of a life tenant under Georgia law

Under general property law principles applied in Georgia, a life tenant has three primary obligations related to the care and repair of the property:

Avoid committing waste. The life tenant must not commit voluntary (affirmative) waste — intentionally damaging or destroying the property — nor permissive waste — allowing the property to fall into disrepair through neglect. The life tenant also should avoid ameliorative waste — making substantial changes that alter the character of the property (even if they increase value) without the remainderman’s consent.
Keep up ordinary repairs and maintenance. The life tenant is normally responsible for ordinary, day‑to‑day maintenance and repairs required to preserve the property’s value and condition while the life estate lasts. That includes tasks such as routine roof repairs, interior upkeep, minor plumbing and electrical fixes, lawn care, and other expenses that flow naturally from continued occupancy and use.
Pay current charges tied to possession. The life tenant generally must pay property taxes, utility bills, insurance premiums (if the life tenant benefits from insurance protection), and other ordinary charges tied to possession and use of the property. Failure to pay property taxes or similar charges risks a lien or foreclosure that can impair the remainderman’s future interest.

Who pays for major or capital repairs?

Major, structural, or capital repairs (for example, replacing a foundation, major structural work, or a full roof replacement) are often treated differently from ordinary maintenance. In practice:

The life tenant is expected to make necessary repairs to prevent waste. If a large repair is needed to prevent significant harm, a court may require the life tenant to make it or allow the remainderman to intervene to prevent loss.
If a repair is genuinely a capital expenditure that primarily benefits the remainderman (e.g., improvements increasing long‑term value but not necessary to prevent damage), Georgia courts will often permit the remainderman to share in or fund the cost. The parties can also agree in writing about allocation of major costs.
Absent an agreement, either party (life tenant or remainderman) can ask a court to determine who must pay for a necessary major repair and whether the remainderman should be reimbursed from the property’s value.

Remedies if the life tenant fails to care for the property

If a life tenant commits waste or refuses to make necessary repairs, the remainderman has civil remedies. Typical actions include:

Seeking an injunction to stop the waste or force the life tenant to perform required repairs.
Seeking money damages for diminution in value caused by waste or neglect.
In some situations, asking the court to authorize the remainderman to make repairs and obtain reimbursement or a lien against the property.

Mortgages, liens, and selling a life estate

A life tenant may be able to mortgage or sell only the life interest — not the full fee simple — unless the remainderman joins. A mortgage by the life tenant generally reaches only the life estate; the lender’s security interest ends at the life tenant’s death. Likewise, most debts of the life tenant do not attach to the remainderman’s future interest unless the debt was secured by the property interest. Because tax defaults or other liens on the property can affect both current and future interests, paying current charges is important to protect both parties.

Where Georgia law fits in

Georgia applies the same basic common‑law waste rules and life‑estate principles followed in most U.S. jurisdictions. For the Georgia Code on property and related statutes, see the Official Code of Georgia Annotated, Title 44 (Property): https://www.legis.ga.gov/legislation/ocga. If a dispute arises, Georgia courts will apply these principles and any controlling statutes or governing instruments (the deed, will, or trust language creating the life estate).

Practical examples (hypothetical)

Example 1 — Ordinary repairs: A life tenant discovers a leaking faucet and a damaged section of roof causing interior water stains. These are ordinary repairs. The life tenant should arrange and pay for the repairs to avoid permissive waste.

Example 2 — Major capital work: The house needs a new foundation or complete roof replacement costing tens of thousands of dollars. The life tenant should notify the remainderman. If the repair is necessary to prevent loss, a court may order action and allocate costs; if it is mainly an improvement, the remainderman may be expected to contribute.

Example 3 — Ameliorative waste: The life tenant wants to demolish a historic structure and build apartments without the remainderman’s consent. A court could enjoin the change as impermissible ameliorative or destructive waste.

How to protect your rights — steps for life tenants and remaindermen

Keep written records of all repairs, maintenance, insurance, and tax payments.
Communicate early and in writing about needed repairs and major work.
Consider a written agreement allocating ordinary and capital repair costs.
Maintain adequate insurance that names both the life tenant and remainderman where appropriate.
If a disagreement arises, seek a Georgia attorney experienced in property litigation to evaluate options, including court petitions to prevent waste or allocate expenses.

Disclaimer

This article explains general Georgia property law principles and common practical approaches. It is educational only and is not legal advice. For advice about a specific situation, consult a licensed Georgia attorney.

Helpful Hints

Document everything: receipts, contracts, photos before and after repairs.
Don’t ignore property tax bills — unpaid taxes can endanger the remainderman’s interest.
Get written permission before making major changes to the property.
Talk with the remainderman early about expensive repairs to seek shared solutions.
If you plan to mortgage or sell a life interest, disclose the limited nature of that interest to potential buyers or lenders.
When in doubt, contact a Georgia property lawyer to review the deed, trust, or will creating the life estate.