What are Lifetime Rights in the Context of a North Carolina Will? - Pennsylvania
The Short Answer
In wills, “lifetime rights” usually refers to a life estate or a similar arrangement where someone can use or live in property for their lifetime, while someone else receives the property afterward. If you are dealing with a will connected to North Carolina but property or probate issues are in Pennsylvania, Pennsylvania probate rules (including where and how the will is probated) can still control what happens to Pennsylvania property.
What Pennsylvania Law Says
In Pennsylvania, the practical effect of “lifetime rights” often turns on whether the will has been properly admitted to probate and whether the interest is treated as a present right to use property for life (commonly a life estate) versus an outright transfer. If a will is being used to establish rights in Pennsylvania—especially involving real estate—timing and probate status can affect enforceability against third parties.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3133.
This statute establishes that a will may be offered for probate at any time, but if it is offered more than one year after death, it can be ineffective against a bona fide purchaser or lienholder of the decedent’s real estate if their interest was recorded before the will was probated.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Even though a will can be probated “at any time,” 20 Pa.C.S. § 3133(c) creates a major one-year risk for Pennsylvania real estate if third parties buy or place liens before late probate.
- Burden of Proof: “Lifetime rights” language can be ambiguous—an attorney often must evaluate the exact wording to determine whether it creates a life estate, a trust-like right of occupancy, or something else, and what duties exist for taxes, insurance, repairs, and sale.
- Exceptions: Multi-state estates are a common trap. If the will was handled in another state, you may still need Pennsylvania probate steps for Pennsylvania property, and the interaction between out-of-state probate and Pennsylvania enforcement can change the outcome.
Trying to handle this alone can lead to title problems, disputes between the “life tenant” and the remainder beneficiaries, or a result that cannot be enforced against third parties.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.