Dec212025
Probate Q&A Series

Can I require the life tenant to cover major repairs, or are we responsible as remainder holders? – North Carolina

Short Answer

In North Carolina, a life tenant usually must pay the day-to-day costs of owning and using the property (including routine upkeep) and must not let the property deteriorate in a way that harms the remainder interest (often called “waste”). Remainder holders typically are not required to fund ordinary maintenance while the life estate is in place, but disputes over “major repairs” can turn on whether the work is ordinary upkeep versus capital improvements. Taxes are a clear example: state law puts that duty on the life tenant, and a remainder holder who pays can seek reimbursement.

Understanding the Problem

Under North Carolina probate and real property rules, a will can give one person a life estate in a house (the “life tenant”) and give others the right to receive full ownership later (the “remainder holders”). The practical question is whether the life tenant can be required to pay for large, expensive repairs during the life estate, or whether the remainder holders must pay because they will own the property later. This question often comes up when the life tenant is not living in the home, and other relatives are occupying it, while the remainder holders want to protect the home’s long-term value.

Apply the Law

North Carolina generally treats a life tenant as the person entitled to possession and use of the property for life, but also as the person responsible for preserving it in reasonable condition for those who take after the life estate ends. That responsibility commonly includes ordinary maintenance and expenses tied to keeping the property from deteriorating. When a life tenant allows the property to fall into disrepair or fails to pay carrying costs that jeopardize the title, the remainder holders may have claims aimed at stopping or fixing the harm and, in some situations, recovering money they had to spend to protect the property.

Key Requirements

  • Identify the life-tenant duty involved: Determine whether the issue is routine maintenance/repairs, payment of taxes and insurance, or conduct that materially reduces the property’s value (waste).
  • Separate “maintenance” from “improvements”: Many disputes turn on whether the work is needed to keep the home in reasonable condition (more likely the life tenant’s responsibility) versus upgrading or remodeling (more likely not required of the life tenant absent will language).
  • Use the right enforcement tool: Depending on what is happening, the remedy may be reimbursement (for taxes paid), a court action to prevent or recover for waste, or a partition proceeding of the remainder interest (which does not remove the life tenant during the life estate).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The will created a life estate in a family home with a remainder to two people. Because the life tenant moved out and allowed other family members to occupy the property, the main risk is deferred maintenance that could reduce the value of the remainder interest or create tax/title problems. If the needed work is best described as necessary upkeep to prevent deterioration, North Carolina waste principles support pressing the life tenant to address it. If the work is more like an upgrade or remodel, remainder holders often choose to fund it voluntarily (or negotiate an agreement) rather than treating it as a legal duty of the life tenant.

Process & Timing

  1. Who acts first: The remainder holders (or their lawyer). Where: Typically outside court first; if court action is needed, in the appropriate division of the General Court of Justice in the county where the property is located. What: Gather the will, recorded title documents, current tax status, insurance information, photos, and repair estimates that distinguish maintenance from improvements. When: As soon as major problems are discovered, especially if taxes are delinquent or damage is actively worsening.
  2. Make a written demand and propose a plan: A practical step is a written request that the life tenant (and, if relevant, the occupants) address specific items (for example, roof leak mitigation, HVAC safety issues, pest damage) with a reasonable deadline and proof of completion. If the life tenant is not occupying the home, a written occupancy/maintenance arrangement can reduce conflict and clarify who schedules contractors and pays recurring bills.
  3. Escalate if the property is being harmed: If the life tenant refuses and the condition is causing measurable harm to the remainder interest, counsel may evaluate a claim based on waste principles or other equitable relief. If the disagreement is really between remainder holders (for example, one wants to sell and the other wants to keep the property), a partition proceeding of the remainder interest may be an option even while the life estate continues.

Exceptions & Pitfalls

  • The will can change the default rules: Some wills allocate responsibility for insurance, taxes, or specific “major repairs.” If the will spells it out, those terms usually control.
  • “Major repair” is not a magic category: The key question is often whether the work is necessary to prevent deterioration (maintenance/repair) or primarily adds value beyond preservation (improvement). Mixing both in one contractor proposal can complicate enforcement.
  • Paying for items without documenting them: If a remainder holder pays taxes or urgent repairs to protect the property, documentation matters (proof of payment, invoices, and why the work was necessary). Without records, reimbursement or damages claims become harder.
  • Occupants create practical and insurance risks: When the life tenant is absent and others live there, insurance coverage, liability, and routine upkeep can become unclear. Written permission and clear responsibility for maintenance help avoid later disputes.

Conclusion

In North Carolina, a life tenant generally must preserve the property and handle ordinary carrying costs during the life estate, while remainder holders typically are not responsible for routine maintenance during that period. “Major repairs” often turn on whether the work is necessary to prevent deterioration (more likely a life-tenant duty) or is an upgrade (more likely negotiable). Taxes are a clear duty of the life tenant under state law. A practical next step is to put the repair demands in writing and, if taxes are unpaid, pay them to prevent enforcement and pursue reimbursement.

Talk to a Probate Attorney

If a life estate is creating conflict over who must pay for repairs, taxes, or upkeep, an attorney can help clarify the life tenant’s duties, document waste concerns, and choose the best enforcement option. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.