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Can the owner of a life estate in Florida sell or mortgage the property if a remainderman is on the deed?
Pegster1154
They can only sell their rights to the property. Which only last as long as they live. No one would accept a mortgage on a life estate.
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∙ 10y ago
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What are my responsibilities to a mortgage I hold for a property that I only have a life estate tenancy in and I can no longer afford and the remainderman will not sell?
This is one of the real challenges in a life estate. State and country laws vary, but in general: The Life Tenant is responsible for the mortgage interest as well as the taxes, ordinary maintenance and repairs. The Remainderman is responsible for major repairs and the principle of the mortgage. One option may be to give up the life estate, leaving the Remainderman entirely responsible for the property, including the mortgage. This could be a negotiating point. I highly recommend visiting an attorney licensed in your jurisdiction to get help that works in your situation.
Can a remainderman get a mortgage on a property with a life estate?
It is possible. It is not likely to be very favorable terms, but if the bank is willing to do it, they certainly can. Consult with a bank in the area that knows what the rules are for where you live.
What happens when your mom passes away and her property is in a life estate?
The life estate goes to the remainderman.
Can adverse possession be claimed by a remainderman still subject to a life estate?
A remainderman is the person entitled to the use and possession of real property after the expiration of a life estate. The remainderman is the fee owner but the property is subject to the life estate. While the life tenant is living the life tenant has the right to the use and possession of the property.The answer is NO. The remainderman cannot claim adverse possession of the property in order to dispossess the life tenant of their interest.
In her will a testator left a life estate to one son and named her other son as remainderman. What happens if the remainderman dies before the son who has the life estate?
Generally, if the mother's estate was duly probated, the property was owned in fee by the remainderman. It would pass to his estate subject to the life estate. However, you should consult with an attorney who specializes in probate and the law of real property in your jurisdiction who can review the situation and explain the status of the property.
What happens if life estate is terminated?
The remainderman has full vested rights in the property.
In a life estate does the remainder man inherit the property?
The remainderman can sell their interest as a remainderman in the property subject to the life estate. The life tenant has the right to the use and possession of the property for life.
Can a life tenant of a life estate keep the owner or heirs off the property?
Yes and no. The Life estate holder has the right to the free use and enjoyment of the property, without worrying about the remainderman interfering. However, the remainderman has the right to inspect the property and take care of it.
What does LE REM on a warranty deed stand for In Florida?
LE = Life Estate REM = Remainderman
At the end of the life estate what type of estate does the remainderman have?
The remainderman would own the property in fee simple. That is absolute ownership. That owner could sell the property or leave it to his beneficiaries in her/his will. If they died intestate (without a will) the property would pass to their heirs at law according to the state laws of intestacy.
Can a life estate owner sell the property in Florida?
In the case of a conventional life estate the life estate holder and the remainderman must both execute the deed if they agree to sell the property. See related question link.
Who owns the grain after a life estate is closed?
If the individual has died, the life estate has ended. At that point the rights to the property have ended and belong to the remainderman.
