Disclaimer: This is general information, not legal advice. For guidance about a specific property, consult a Minnesota attorney.
Quick overview
A life tenant (someone who holds property for the duration of a person’s life) must take reasonable care of the property during the life tenancy. Under Minnesota law the life tenant must avoid actions or omissions that cause “waste,” pay routine charges that arise during the tenancy, and preserve the property’s value for the remainderman or reversioner. If a life tenant fails to meet those duties, the remainderman or other interested party can seek equitable relief.
What a life tenancy means
A life tenancy gives possession and use to the life tenant for the tenant’s lifetime (or the measured life). At the end of the life, ownership passes to the remainderman or reverts to the grantor’s estate. Because the life tenant has the right to possess, Minnesota law imposes limits to protect the future owner from loss in value.
Core duties of a life tenant (what you generally must do)
- Avoid voluntary waste: Do not intentionally destroy, remove, or materially alter permanent improvements (for example, tearing down a house, removing built-in fixtures, stripping valuable timber without authorization).
- Avoid permissive waste: Keep the property in ordinary repair. Reasonable maintenance and routine repairs (roof fixes, plumbing, heating, yard care) are expected. Neglect that causes deterioration (letting a roof collapse, failing to remedy leaks leading to rot) can be actionable as waste.
- Pay routine charges and assessments: The life tenant generally pays property taxes, assessments, and other ordinary charges that become due during the life tenancy. Failing to pay taxes or assessments that lead to liens or foreclosure can be treated as waste.
- Preserve income-producing use: If the property produces income (rent, crops, timber subject to ordinary harvesting), the life tenant should manage that use in a commercially reasonable way that does not permanently impair future value.
- Maintain insurance: The life tenant should keep the property insured against loss to avoid uncompensated destruction that injures the remainderman’s interest.
- Account for profits when appropriate: If the life tenant receives rents or profits from the property, the remainderman may have a right to an accounting or a portion of profits if the use exceeds ordinary expectations or causes depreciation.
What a life tenant generally may do
- Use the property and enjoy its ordinary benefits (live in it, collect rents if they manage it).
- Make ordinary repairs and improvements at their own expense.
- Make alterations if they do not cause permanent harm or exceed ordinary use—but major changes that reduce future value risk a claim for waste.
Typical limits and problems
Common disputes arise where the life tenant:
- Fails to pay taxes or assessments, causing liens or foreclosure.
- Removes or sells fixtures or valuable parts of the property (timber, stones, built-in items).
- Makes structural changes that reduce market value.
- Lives on or otherwise uses the property in a way that accelerates depreciation beyond normal wear and tear.
Remedies available to the remainderman or grantor
If waste or neglect occurs, the remainderman or other interested party can seek relief in court. Typical remedies include:
- Injunction to stop ongoing waste.
- Damages to compensate for diminution in value or loss of income.
- An accounting of rents and profits.
- Sale or partition in some situations (rare and fact-dependent).
Minnesota resources
Minnesota law on property interests, estates, and court remedies relies on statutes and judicial decisions. For text of Minnesota statutes and searchable references, see the Minnesota Revisor of Statutes: https://www.revisor.mn.gov/statutes/. You can search that site for “life estate,” “waste,” and related terms to find statutory language and citations that may apply to specific questions: https://www.revisor.mn.gov/search?q=life%20estate and https://www.revisor.mn.gov/search?q=waste.
Helpful hints — practical steps for life tenants and remaindermen
- Document condition at the start: Take dated photos, collect invoices for repairs, and list existing defects. This helps if a later dispute occurs.
- Keep receipts for maintenance, repairs, taxes, insurance, and improvements. These records support that you met repair obligations.
- Pay property taxes and assessments on time to avoid liens or foreclosure risk.
- Maintain reasonable insurance and preserve receipts for premiums and claims.
- Communicate with the remainderman: A short written agreement about maintenance, who pays for what, and handling of improvements reduces conflict.
- Before making major changes or removing fixtures, consider obtaining written consent from the remainderman or a court order.
- If the property produces income, keep clear records and consider separating personal and property funds; consider accounting to the remainderman for extraordinary profits.
- When in doubt, consult a Minnesota real property or probate attorney early. Courts weigh specific facts; legal advice tailored to your situation can prevent costly disputes.
If you want, provide brief facts about your situation (type of property, whether the life estate is created by deed or will, who manages the property, current condition) and a local attorney can advise on next steps.