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What a life estate is (plain language)

A life estate gives one person (the life tenant) the right to possess and use real property for the duration of a defined life (usually the life tenant’s life). When that life ends, possession passes to the remainderman (the person with the future interest). A life tenant’s rights are strong but limited: the tenant can live on the property, rent it, and collect ordinary income it produces, but must not destroy or improperly reduce the property’s long-term value.

Core duties of a life tenant in Nebraska

Although Nebraska law relies on established common-law principles, the practical duties of a life tenant include:

• Avoiding waste: The life tenant must not commit voluntary, permissive, or ameliorative waste. Voluntary waste is intentional destruction (for example, tearing down a building without justification). Permissive waste is neglect (letting a roof collapse or failing to mow and thereby causing damage). Ameliorative waste is altering the character of the property in a way that substantially changes value (for example, converting a historic home into a commercial use without consent).
• Performing ordinary repairs and maintenance: The life tenant should make routine repairs needed to keep the property in reasonably good condition. Ordinary repairs that preserve value (patching a roof, fixing a broken window, maintaining plumbing) normally fall on the life tenant because they relate to the tenant’s current enjoyment and protect the remainderman’s future interest.
• Paying carrying costs that are currently charged to the property: This typically includes property taxes, assessments, insurance premiums, utilities, and interest on mortgages or liens that the property secures. Failure to pay these can create liens or lead to foreclosure, harming the remainderman.
• Not consuming capital without authority: The life tenant generally cannot exhaust capital (the estate’s principal) to pay for necessary repairs or to extract value unless the deed or will permits it or a court orders otherwise. Major renovations that deplete the estate’s principal often require consent of the remainderman.
• Getting consent for substantial improvements or changes: If the life tenant wants to make substantial alterations that change the property’s character or value, the remainderman’s written consent or a court order is typically required. Otherwise, the life tenant risks an action for ameliorative waste or damages.

Taxes, mortgages, and insurance

In Nebraska, as in most states, taxes and assessments that are a lien on the property must be paid to protect the estate. If a mortgage exists on the property, the life tenant usually must pay interest and current payments to avoid foreclosure; the remainderman may be responsible for principal unless otherwise agreed. Keeping adequate property insurance is also a common obligation to prevent loss and to secure both interests.

How courts and remedies work

If a remainderman believes the life tenant has committed waste or failed to maintain the property, the remainderman can ask a Nebraska court for relief. Typical judicial remedies include:

• Injunctions to stop ongoing waste or require specific maintenance.
• Damages to compensate for harm caused by waste or neglect.
• Accounting for rents, profits, or proceeds the life tenant improperly took.
• Sale of the property in extreme cases, with equitable distribution of sale proceeds.

Common fact patterns (hypotheticals) and how they are usually treated

• Minor repairs: If a life tenant replaces broken windows and repairs the roof, those are ordinary repairs the tenant should pay for and perform.
• Major renovation: If a life tenant wants to demolish an old house and build a new one, the remainderman could object. The tenant should get written consent or a court order before proceeding.
• Failing to pay property taxes: If taxes go unpaid and a tax sale occurs, both life tenant and remainderman’s interests are harmed; the remainderman can seek court action to compel payment or to recover damages.
• Harvesting natural resources: Whether a life tenant may extract minerals, timber, or other natural resources depends on the grant creating the life estate and prior use. Extraction that permanently depletes the estate without authorization can be waste.

Where to check Nebraska law and case decisions

Nebraska applies common-law principles of waste and property law, supplemented by statutes and case law. For the text of Nebraska statutes and to search for relevant sections, see the Nebraska Legislature’s statutes page: https://nebraskalegislature.gov/laws/browse-statutes.php. For Nebraska Supreme Court opinions and cases interpreting life estates and waste, see the Nebraska Judicial Branch opinions page: https://supremecourt.nebraska.gov/opinions.

When the language of the deed or will controls

The document that creates the life estate may modify or expand the life tenant’s duties. Common examples: (1) the grant may require the life tenant to pay taxes and insurance explicitly, (2) it may permit or forbid certain alterations, or (3) it may allow the life tenant to collect rents and use them in a specified way. Always read the instrument carefully and get legal advice if its terms are unclear.

Practical steps for life tenants and remaindermen in Nebraska

1. Identify the granting document and read its terms closely.
2. Inventory the property’s condition with photos and receipts.
3. Pay property taxes, insurance, and utilities on time.
4. Keep records of repairs and expenditures related to maintenance.
5. If major work is planned, seek written consent from remaindermen or obtain a court order.
6. If you suspect waste, consult an attorney experienced in Nebraska property law early to discuss injunctions or other remedies.

Note: State and local rules about taxation, liens, and foreclosure procedures affect these duties. For information about Nebraska property taxes, see the Nebraska Department of Revenue: https://revenue.nebraska.gov/.

Helpful Hints

• Keep written records: receipts, photos, and correspondence show you acted reasonably.
• Routine maintenance preserves value and reduces disputes with remaindermen.
• Before making major changes, obtain written consent from future interest holders or a court order to avoid claims for damages.
• Pay property taxes and insurance promptly to avoid liens or foreclosure that hurt everyone’s interests.
• If you’re unsure whether an action is “waste,” pause and get legal advice—court orders can protect permitted changes.
• When negotiating the life estate terms (if possible), clarify who pays for repairs, taxes, insurance, and improvements to avoid later conflicts.