Can a grantee of a life estate serve an eviction?
Once a life estate is granted by the owner of the property it is perfected. That grantee owns the life estate for the duration of their natural life or until they release it to the fee owner in writing. A life estate cannot be created by a person simply living on the property. Read More
You need to reword your question. A remainderman cannot sell a life estate. A life estate must be released by the life tenant. A remainderman can sell their own interest in the property that is subject to the life estate, However, the grantee would take that interest subject to the life estate. You need to reword your question. A remainderman cannot sell a life estate. A life estate must be released by the life tenant… Read More
A 'Life Estate' is a right in real property that is measured on the life of the grantee. The definition is consistent in the common law. Read More
The grantee in a life estate is the life estate owner. If they die the life estate is extinguished and the property is free of the life estate. However, if you have your terms reversed please review the following. The grantor is the person who owns the property. The owner can grant a life estate and that person is the grantee. If the grantor dies the decedent's heirs would inherit the fee to the property… Read More
Can you revoke a life estate if grantee abandons home and purchases another place to live does it fall back to the grantors and does it void the life estate agreement?
A life estate must be released by the owner or by a court order. Read More
good faith deed Read More
The person who is receiving the life estate must be listed as grantee in the deed along with the clear intention that only a life estate is granted. The deed should be drafted by a professional who can discuss the consequences and responsibilities associated with granting a life estate. Read More
If grantor dies before grantee in a life estate who gets the estate when the life estate holder dies?
The fee to the property will pass according to the testator's will or according the the state laws of intestacy if there is no will. Whoever inherits the fee will take title subject to your life estate. Read More
Yes, unless the grantor prohibits such transfer in the original transfer document (Trust, Deed, etc.) However, when the original grantee dies the life estate expires. Read More
Generally, you have the right to the use and possession of the property unless it is subject to a life estate. Read More
The owner of a life estate released her rights to the remainder person- who would receive it at her death- and that person wants to grant the life estate back to her. What are her rights?
The former life tenant is under no obligation to accept the new life estate since life estates carry responsibilities as well as rights. It is her decision whether or not to accept. If the property owner records a grant of life estate in the land records that is not accepted by the grantee, the grantee should execute a disclaimer with the assistance of an attorney and record the disclaimer in the land records as well… Read More
Can you fight against a life estate because of the grantee not paying the household bills for over 1 year now?
You need to consult with an attorney who can review the laws that govern life estates in your state, the instrument that created the life estate, and explain your optiions. Read More
They can unless there is a specific clause in the gift that would prevent it. It will be subject to the same restrictions that the original holder had. The limitation is that the estate is still measured based on the life of the original grantee. Read More
Can a new deed be issued on a life estate because the life tenant is no longer able bodied to live in the house anymore?
No. Deeds are not "issued". Once a life estate is granted by deed the grantee is the only person who can release it unless there was language in the original grant that limited it. You need to get a deed from the owner of the life estate in order to clear the title to the property. Otherwise, the life estate will not be extinguished until their death. Read More
If the tenant is not meeting their obligations as SPECIFIED in the original tenancy agreement then the landlord has grounds to apply to a court for an eviction order. Read More
The usufruct at civil law is simply a life estate which terminates at the death of the grantee, the property interest of which then reverts to the grantor. Read More
No. The grantee of a life estate cannot leave the life estate in a will because a life tenant doesn't own the property, only the right to use it during their life. The life estate ends when the life estate owner dies. That's why it is called an estate for life. After the death of the life tenant there is nothing left to devise by a Will. Sometimes the owner of land simply grants a… Read More
If your name is on the deed, no. A life estate would serve no purpose as long as they can't sell it without your approval. Read More
Is the life estate terminated if someone moves away from the property and stopped paying taxes for the past three years?
It depends upon the laws of your state. Usually, a "life estate" means exactly that - the grantee has the privilege of occupying or using the property for the remainder of their LIFE. Much depends on how the life estate was granted and worded. Read the wording. Are they required to maintain the property - pay the taxes on the property - etc - etc.? REGARDING THE UNPAID TAXES: If the grantee abandoned the property… Read More
If you conveyed your property and retained an enhanced life estate you could release your interest in the property by executing another deed to the grantee that releases all your right, title and interest in the property, including the life estate you reserved in your prior deed. That deed should be drafted by an attorney who specializes in real estate in your jurisdiction and recorded in the land records. Any deed that conveys an interest… Read More
The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant. In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent. The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in… Read More
I am taking an online class for college in real estate, and the says, "the deed must contain words of conveyance. With these words the grantor: (1) clearly states that he is making a grant of real property to the grantee, and (2) identifies the quantity of the estate being granted. Usually the estate is fee simple, but it may also be a lesser estate (such as a life estate) or an easement." Read More
There may be several possible scenarios but usually, no. If they are the grantee of the life estate their privilege extends only to their being able to live there for the remainder of their life. Effectively they are tenants. They neither own the property, nor possess any interest in it, nor any other right to it. However, it could be possible that the holder of the life estate and the grantor of the life estate… Read More
If Mum transferred deeds to daughter only can daughter put mother out of the house can mother claim deeds back?
Once you transfer your property by deed you no longer have any interest in that property. The grantee on the deed is the new owner. Many parents reserve a life estate when they transfer real estate to their children. The life estate allows them to possess the property for the duration of their life. If mother didn't reserve any rights in the property then daughter can "put her out". Mother should consult with an attorney… Read More
You have the right to the use and possession of the property for the duration of your natural life subject to certain obligations on your part such as taxes, upkeep, maintenance, insurance and causing no waste or damage to the property. You should consult with an attorney who can review your situation and explain your obligations in your state. Read More
Unless the grantor is also a grantee in the deed, or reserved a life estate, they have no right, title or interest in the property. Therefore, they have no right to enter the home. The property has a new owner. Read More
No. IT is permanent until the life tenant releases it in writing or dies. No. IT is permanent until the life tenant releases it in writing or dies. No. IT is permanent until the life tenant releases it in writing or dies. No. IT is permanent until the life tenant releases it in writing or dies. Read More
Once a deed has been executed there is a new owner- the grantee. The grantor in that deed no longer owns the property and therefore, cannot make any changes in ownership. In order to make changes the grantees must execute a new deed that conveys any and all interest back to the original grantor and then the process can start all over again. Read More
No. A life estate expires upon the death of the life tenant. Read More
Marriage has no effect on a life estate. The only factor that is important is the length of the life of the person that has been granted the life estate. Read More
Marriage doesn't affect a life estate unless that was made a provision in the original grant of the life estate. Marriage doesn't affect a life estate unless that was made a provision in the original grant of the life estate. Marriage doesn't affect a life estate unless that was made a provision in the original grant of the life estate. Marriage doesn't affect a life estate unless that was made a provision in the original… Read More
A life estate is extinguished by the death of the life tenant or by the life tenant executing a deed of release of the life estate. Read More
Yes, the remainder can be sold to the life estate holder. Read More
The life estate will last as long as the beneficiary lives. The estate will have to remain open until that point in time. Read More
The grantor can terminate a life estate if she reserved the right to revoke it. Otherwise, only the life estate holder or a judge can terminate a life estate if the life tenant is living. Read More
A life estate is based on a specific person's life. If they are not named in the life estate, they have no interest. They can claim the right to use the life estate as long as the individual is still living. Read More
Only by the death of the life estate holder or by their release of the life estate by deed to the fee owners. Read More
A freehold estate is a right of title characterized by two features: it is an interest in land and the interest is not of a fixed duration. In the United States a life estate is a freehold estate although the ownership is of a limited duration. That duration can be measured by the life of the life tenant or of another person. When the measured life ends the life estate expires. A life estate in… Read More
Yes, they can release their life estate. Read More
What happens with a life estate when the property is sold while the property owner is still alive. Is it automatically revoked?
Nothing happens to the life estate. The life estate remains as long as the person who holds it is still living. Any sale is based on the existence of the life estate. However, if the life estate has not vested, as in the life estate was to be left in a will and they haven't died yet, then the life estate is void. Read More
Trustees are not generally involved in a life estate. Trustees are not generally involved in a life estate. Trustees are not generally involved in a life estate. Trustees are not generally involved in a life estate. Read More
A life estate is extinguished upon the death of the holder of the life estate. There is no executor involved in a life estate. You need to rethink your query. Read More
A life estate is extinguished upon the deah of the original life estate holder. Therefore, one cannot leave a life estate to another person in their will. Generally, rights in a life estate can be transferred, however, they would expire upon the death of the original life estate holder. Read More
It depends on the terms of the life estate. In a true life estate, it exists as long as the individual is alive. Read More
If a man puts his house in a life estate for his children with the right to live there until death then builds a garage onto the house with his own money who owns the garage?
In most states, in the process of creating a life estate an owner of real property conveys the property by deed and reserves a life estate for himself. The owner has effectively conveyed the fee to the land and title is now in the grantee. You, the life estate holder, have only the use of the land and the right to occupy it. You do not have the right to cause any damage to the… Read More
A Lady Bird Deed is an enhanced life estate that is only available in a few states including Florida. The transaction could be amended by a reconveyance of the property from the grantee back to the original owner. The deed could then be executed again with the desired changes. However, the transaction should be handled by an attorney who specializes in real estate and is familiar with your state laws. Read More
The owner of a life estate is called the life tenant. Read More
The owner of the property must grant a life estate to you. The owner of the property must grant a life estate to you. The owner of the property must grant a life estate to you. The owner of the property must grant a life estate to you. Read More
what is the difference between a life lease and a life estate Read More
A life estate is a right in property. Rights in property don't go away. The name on the life estate is the person that retains the rights to the life estate. Read More