Detailed answer — What a person holding a life estate in Alaska must do

When someone holds a life estate (is a life tenant), they have the right to possess and use the property for the length of their life. That right comes with duties. Alaska follows the traditional common-law rules governing life estates and waste, so the core obligations a life tenant should expect are the same as in most U.S. jurisdictions:

1. Do not commit voluntary (or affirmative) waste

Voluntary waste means intentionally damaging or destroying the property, removing valuable fixtures or materials, or otherwise reducing the estate’s value through affirmative acts. Examples include tearing down a house, removing ornate woodwork or fixtures for sale, or clear-cutting timber purely for profit. A life tenant may be liable to the remaindermen (people who inherit after the life estate ends) for the cost to repair or for the diminution in value, and a court can order an injunction to stop ongoing destructive acts.

2. Avoid permissive waste — keep the property in ordinary repair

Permissive waste occurs when a life tenant fails to take reasonable steps to maintain the property, letting it deteriorate through neglect. Typical duties include:

• Making ordinary repairs and maintenance so the property does not fall into disrepair.
• Taking reasonable steps to protect the property from damage (e.g., securing the property, repairing a leaking roof to prevent collapse).

If the life tenant allows decay or neglect that reduces the remaindermen’s eventual interest, the remaindermen can sue for damages or seek an order requiring repairs.

3. Pay carrying charges that arise from the life tenant’s possession

A life tenant is generally responsible for ordinary expenses tied to using and possessing the property. That typically includes:

• Property taxes attributable to the life tenant’s occupancy and use.
• Insurance premiums for hazards to the property while the life tenant occupies it (if the life tenant chooses to insure).
• Utilities and routine upkeep costs arising from day-to-day use.

By contrast, major capital expenses (like replacing a roof or structural systems), mortgages and liens that predate or encumber the fee interest, and extraordinary repairs are sometimes treated differently: remaindermen can be required to contribute in some jurisdictions, or the life tenant may be entitled to an allowance for necessary capital improvements when the estate ends. Whether the life tenant must pay those major items often depends on the deed or will creating the life estate and on local law or case law.

4. Do not make substantial, permanent alterations that cause ameliorative waste without consent

Ameliorative waste refers to changes that increase the property’s value but alter its character (for example, converting a historic home into a commercial space). Even if an alteration benefits the property’s monetary value, a court can consider it waste if it fundamentally changes the nature of the estate. The safe path is to get written consent from the remaindermen before making material permanent changes.

5. Follow any express terms in the deed or will that created the life estate

The document creating the life estate can expand or limit the life tenant’s duties. For instance, the instrument may expressly require the life tenant to make repairs, keep the property insured, or pay taxes. If the deed or will includes such provisions, those terms control, subject to statutory limits.

6. Remedies available to remaindermen (what happens if the life tenant fails in duties)

When a life tenant violates duties, remaindermen may seek legal remedies that include:

• Injunctions to stop affirmative waste or prevent intended destructive acts.
• Damages to compensate for loss in property value or costs of repair.
• Court orders requiring the life tenant to perform necessary maintenance.

How Alaska law applies

Alaska recognizes life estates and applies the established common-law principles about waste, repairs, and the rights of remainder holders. Much of the guidance about a life tenant’s duties comes from common-law precedent and from the terms of the instrument creating the life estate. For a general reference to Alaska statutes and to review any specific statutory rules that might affect property interests, you can consult the Alaska Statutes at the Alaska Legislature website: https://www.akleg.gov/basis/statutes.php. For Alaska court decisions that discuss property and waste issues, see the Alaska Courts site at https://courts.alaska.gov.

Bottom line: A life tenant in Alaska must use and enjoy the property but must not commit waste, must take reasonable steps to maintain the property, and generally must pay ordinary carrying costs associated with their occupancy. The deed or will that created the life estate can impose additional duties. If you are a life tenant or a remainderman, review the controlling instrument carefully and get legal advice about specific obligations and remedies.

Disclaimer: This article is for general information only and does not constitute legal advice. It does not create an attorney-client relationship. For legal advice about a specific situation, consult a licensed Alaska attorney.

Helpful hints — Practical steps for life tenants and remaindermen in Alaska

1. Find and read the deed or will that created the life estate. The controlling document often sets the rules.
2. Keep records: keep receipts, photos, and logs of repairs and maintenance you perform or pay for.
3. Pay property taxes and reasonable insurance while you occupy the property to avoid tax liens or greater losses to the estate.
4. Before making major changes (structural remodels, change of use, major tree removal), get written approval from the remaindermen or a court order to avoid a waste claim.
5. If you inherit the remainder interest, monitor the property and communicate with the life tenant about necessary repairs and expected standards of maintenance.
6. If the life tenant is elderly or incapacitated, consider arranging responsible caretaking or conservatorship options to protect the property—seek legal help early.
7. If dispute arises, consider mediation before filing suit. Courts can be costly and slow; mediation can preserve relationships and property value.
8. Consult an Alaska real property attorney when you need to interpret the deed/will, calculate damages, or request court relief—property rules can turn on fine legal distinctions.