Understanding a Life Tenant’s Duties in Montana

Short disclaimer: This information is educational only and is not legal advice. For advice about a specific situation, consult a Montana attorney.

Detailed answer — what a person with a life estate must do

A life tenant (the person who holds a life estate) has the right to possess and use the property during the life estate. That right comes with legal duties. In Montana, as elsewhere under property law, those duties generally fall into these categories: avoid waste, maintain ordinary repairs and upkeep, pay routine charges (taxes and utilities), and not materially diminish the value of the remainderman’s future interest.

1. Possessory rights and basic responsibilities

The life tenant may occupy the property, collect rents and income produced by it, and use it reasonably. They must, however, use the property in a way that preserves the value of the remainder interest (the interest held by those who receive the property after the life estate ends).

2. Avoiding waste (voluntary, permissive, and ameliorative)

Waste is the central limitation on a life tenant’s conduct. Montana recognizes the common-law concepts of waste, meaning a life tenant must not commit:

• Voluntary (or affirmative) waste: intentional acts that damage or destroy the property (for example, demolishing a building or removing valuable fixtures for sale).
• Permissive waste: neglect that allows property to deteriorate (for example, failing to make ordinary repairs so that a roof leaks and causes structural damage).
• Ameliorative waste: alterations that substantially change the character of the property—these may be allowed if they increase value, but they can be contested by the remainderman if they are inconsistent with the estate’s purpose).

3. Ordinary repairs, maintenance, and capital improvements

Generally a life tenant must perform and pay for ordinary repairs and maintenance necessary to keep the property in ordinary condition. Examples include routine plumbing, minor roof repairs, painting, and lawn care. Major structural repairs or substantial improvements that extend the life of the property (for example, a new roof, foundation work, or major remodeling) are typically considered the responsibility of the remainderman, unless the need for those repairs was caused by the life tenant’s neglect or intentional acts.

4. Taxes, assessments, and other carrying charges

A life tenant normally must pay property taxes, special assessments, utilities, insurance premiums (for hazards affecting the property) and other ordinary carrying costs while in possession. If the life estate was created by deed or will, the document may specify who pays what expenses; if so, follow that agreement.

5. Mortgages and debts encumbering the property

If the property has an existing mortgage, the party who signed the mortgage note is primarily responsible for loan payments. A life tenant who takes possession should avoid permitting foreclosure by failing to pay taxes or insurance. A life tenant may not take out a new mortgage that binds the remainderman’s future interest without the remainderman’s consent.

6. Insurance

It is prudent for a life tenant to maintain hazard insurance protecting the real property and to list the remainderman’s interest if requested. Failure to insure against loss can expose both the life tenant and the remainderman to risk. The deed or instrument creating the life estate may state specific insurance duties.

7. Remedies available to remaindermen (and when a life tenant may be sued)

If a life tenant commits waste or fails to pay required charges, remaindermen can seek remedies in court. Common remedies include injunctive relief (to stop ongoing waste), damages (to compensate for injury or lost value), or an order requiring repairs. Montana courts will look at the facts and the documents that created the life estate to determine the appropriate remedy.

8. Contractual variations and deed language

Deeds, wills, or other instruments can add, modify, or limit the life tenant’s duties. For example, a deed may require the life tenant to pay taxes and perform major repairs, or it may shift maintenance responsibilities to the remainderman. Always read the instrument that created the life estate to learn the specific obligations.

9. Montana statutory references

Montana’s statutes on real property, estates, and related remedies are in the Montana Code Annotated, Title 70 (Property). For the statutory framework and any specific statutory rules that may apply to real-property interests, see the Montana Code Annotated Title 70 index: https://leg.mt.gov/bills/mca/title_0700/. Because life-estate duties arise from a mix of statutes and longstanding common-law principles (such as the prohibition on waste), reviewing Title 70 and consulting a Montana lawyer will clarify how the rules apply to your facts.

Practical examples (hypothetical facts)

Example 1: A life tenant discovers a roof leak. The tenant should make ordinary repairs to stop further damage. If the tenant ignores the problem and the house suffers structural damage, a court could require the life tenant to pay for repairs or for resulting diminution in value.

Example 2: A life tenant wants to remove an antique staircase and sell it. That is likely voluntary waste; the remainderman could sue for removal and damages.

Example 3: The life tenant pays all utilities and routine upkeep but not property taxes. The county could foreclose for unpaid taxes and jeopardize the remainderman’s interest; the life tenant should pay taxes or otherwise prevent tax sale.

When to get an attorney

Talk to a Montana real property attorney if any of these apply:

• You’re unsure who must pay for major repairs, taxes, or mortgage payments;
• There is a dispute between the life tenant and remainderman about repairs, alterations, or rental income;
• The life tenant appears to be committing waste or the remainderman wants to stop change or get damages;
• The deed or will creating the life estate is unclear or contains conflicting terms.

Helpful hints

• Locate and read the instrument (deed or will) that created the life estate—its terms often control duties and exceptions.
• Keep records: document all repairs, expenses, tax payments, and communications about the property.
• Pay property taxes and essential carrying costs on time to avoid tax sale or liens.
• Address needed repairs promptly to avoid permissive waste claims.
• Before making major improvements or removing fixtures, consult the remainderman and consider getting written consent.
• When possible, use written agreements to allocate routine and major expense responsibilities between life tenant and remainderman.
• Get a title search and discuss insurance needs. Ensure insurance covers the real property and lists parties with an insurable interest.
• Consult a Montana real property attorney early if the parties can’t agree—early legal help is usually cheaper than litigation later.

Final note: The duties of a life tenant depend on the deed, will, and facts. Montana law combines statutory rules with common-law doctrines (especially the prohibition on waste). This article summarizes common rules and practical steps but does not replace legal advice for your specific situation.