A life estate is extinguished upon the death of the holder. There is no remaining interest that can be passed by will.
A property that is encumbered by two life estate cannot be sold or refinanced without the written consent of the life estate holders.
No. Only the fee owners can mortgage the property and they can only do so with the written consent of the life tenant.
If the life estate holders agree to allow the property to be sold then they mush sign the deed and by doing that they will relinquish their life estates. The proceeds from the sale will go to the remaindermen who own the fee interest in the property. In order to encourage the life estate holders to relinquish their life interest the remaindermen may offer a part of the proceeds as an incentive.You should seek the advice of an attorney who can review your situation and explain the options.
Any property owned by the decedent in his individual capacity would be included in his estate. Any property that was transferred to a trust during life would not be included in the estate.
Yes, life insurance is considered an asset in an estate because it is included in the total value of the deceased person's assets when calculating their estate's value for inheritance and tax purposes.
You have to look at the arrangements that were made when the life estate was created. Usually, the life estate reverts to the original owner, or to whomever the original owner named as heir. There is no fixed answer. But what should be clear is that the life estate, whatever it included, ends at the death of the person who holds it.
You may need to go to a real estate lawyer and change the status of the house. Also, get advice on the property tax status.
Life Insurance and EstatesNO, not if the named beneficiary is not deceased. The proceeds of a life insurance policy belong to the named beneficiary not to the deceased. It should not under any circumstances be included in the estate of a deceased or the probate process. If no beneficiary is named or if all beneficiaries are deceased then their is no alternative. When their is no named beneficiary then the value of the life insurance policy reverts to the insured and must then be included as part of the deceased estate
In your case, no, the proceeds will not be included in the estate of the decedent. Since you were the named beneficiary the proceeds pass directly to you. Of course, upon your death they will be included in your estate. Whether or not a judgment against your husband will allow the other party to go after your assets is obviously a more complicated question. But the life insurance is not part of his estate.
A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.
The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them.The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them.The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them.The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them.
Yes. Estate values are being determine by license appraisers and they conduct the necessary evaluation and assessment of a certain estate property about it's value. Any estate property is included in real estate. Any land resource that is directed for valuable use is included in real estate, for sale or not.