The fire would not affect the life estate which is a right to the real property. However, whether the property will be habitable again depends on whether the dwelling was insured. If it is rebuilt the life tenant has the right to occupy for the duration of their natural life. Responsibilities regarding insurance may be governed by state law and by any life estate agreement. You should consult with an attorney who can review your situation.
If the house burns down while you live there under a life estate, you would typically still have the right to live in the property for the duration of your life estate. However, any insurance proceeds or rebuilding of the house would likely be determined by the terms of the life estate agreement and the ownership of the property.
If you gift your house to someone and that person dies before you do, the house would typically become part of the deceased person's estate. The house would then be distributed according to the deceased person's will or state laws governing inheritance. It is advisable to seek legal advice to understand the specific implications in such a situation.
Yes, an HOA can prohibit an estate sale if such sales are not allowed under the community's rules and regulations. It is important to review the HOA governing documents to understand any restrictions on conducting estate sales within the community.
Under current 2021 federal estate tax laws, estates worth over $11.7 million for individuals would be subject to estate taxes. Since the estate in question is valued at $1.2 million, it falls below the threshold and would not be subject to estate taxes.
The length of a life estate is measured by the duration of the life of the holder of the life estate. It lasts for the lifetime of the individual specified in the legal documentation creating the life estate.
To determine the value of someone's estate, you would typically need to conduct an inventory of their assets, which may include real estate, investments, personal belongings, and financial accounts. This process often involves working with an attorney or executor of the estate to gather the necessary information and assess the total value for probate or tax purposes.
lease is subject to termination with proper notice
Of course! The assets of the estate stay in the estate until properly distributed under the terms of the will or intestacy laws. The sale of the house is going to be subject to any mortgage or liens that may be in place.
Yes, the executor of the estate may do what they can to insure the value of the estate doesn't lose value. But the estate will need to file a tax return for the rental income.
Then the person would still be under house arrest.
Condominium is a form of real estate ownership whereby all owners share ownership of the real estate assets, and own some assets individually. A guest house is a structure that can be owned under any form of real estate ownership .
A lien does not go away with the death. It remains against the estate of the deceased. The debtors will likely file their claim with the estate and make sure they get their money one way or another.
The gift to the beneficiary will become part of the beneficiary's estate. Generally, the interest of the deceased heir will pass to their own heirs according to the provisions in their will or to their heirs-at-law under the state laws of intestacy. Also, their estate will need to be probated. The attorney who is handling the original estate can explain what needs to be done in order to clear the title to the property.
I bet you can, as long as the buyer understands that "your interest" includes the honoring of the life estate. You can sell what's yours, and not what isn't, obviously.
The proceeds would be paid over to the decedent's estate and pass under the Will or according to the laws of intestacy if there is no Will.The proceeds would be paid over to the decedent's estate and pass under the Will or according to the laws of intestacy if there is no Will.The proceeds would be paid over to the decedent's estate and pass under the Will or according to the laws of intestacy if there is no Will.The proceeds would be paid over to the decedent's estate and pass under the Will or according to the laws of intestacy if there is no Will.
Any heir wishing to keep the house must pay off the debt. However, if no heirs desire to keep the property, then the estate will not be liable for a deficiency if the house is being sold under a trustee's sale. If the foreclosure is court ordered, then the estate and heirs can be held liable for a deficiency.
The seller showed the real estate agent how to show off the wine cellar on the side of the house and the furnace and air condition units in the cellar under the house.
Because the property belongs to the estate until the probate and distributions are complete, it can be seized (under court order) and placed in the custody of the executor for appraisal, safekeeping, and possible liquidation or distribution later (depending upon priorities of gifts, etc).Interesting issues arise when the house immediately goes to possession of the executor, house title goes to one heir (often distributed early for income and liability issues for the estate), and the contents go to other heirs in due course ("Get your junk out of my house.").