The Short Answer

In Pennsylvania, a life tenant (someone who holds a life estate) generally must take reasonable care of the property and avoid conduct that harms the future owner’s interest. While the life tenant typically handles ordinary upkeep and routine repairs, who pays for major repairs, improvements, taxes, and insurance can depend on the deed or will that created the life estate and the specific facts.

What Pennsylvania Law Says

Life estates are a form of “limited estate,” meaning the life tenant has the right to possess and use the property during the measuring life, but someone else (the remainderman) has the right to receive the property afterward. Pennsylvania law recognizes that a person with a present interest that is subject to a future interest can be treated like a trustee for the benefit of the future interest holder—an important concept when disputes arise about preserving the property and preventing waste.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 6113.

This statute establishes that a person with a present interest in property (not held in trust) that is subject to a future interest is deemed to be a trustee of that property, with ordinary trustee-type duties to protect the interests of the future owner.

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: If the life estate arises in an estate administration context, timing and court oversight can matter—personal representatives have statutory duties to preserve estate property during administration, and delays can affect rights and leverage in disputes. See, for example, 20 Pa.C.S. § 3311 (duty to make reasonable expenditures necessary to preserve estate property during administration).
• Burden of Proof: Claims that a life tenant failed to maintain the property (or committed “waste”) often turn on documentation—photos, contractor opinions, invoices, insurance records, and whether the condition is ordinary wear and tear versus preventable deterioration.
• Exceptions: The deed or will creating the life estate may shift responsibilities (for example, allocating taxes/insurance, excusing security, granting a power of consumption, or defining what repairs are required). Section 6113 also contemplates court-ordered security in some situations, which can become a contested issue.

Trying to handle this alone can lead to costly mistakes—especially if the remainderman is threatening court action, withholding cooperation, or alleging mismanagement of the property.

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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.