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You must obtain a court decree extinguishing the life estate in order to clear the title to the property. If the life tenant holder is not capable of exercising their right to the use of the property it should be a relatively simple process to obtain a judgment as long as you have the right evidence to support your request. You should consult with an attorney who can review the situation and explain your options.
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∙ 13y ago
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Can life estate go to a person whose name is not on deed?
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.
Is there a way to dissolve a life estate by using a quitclaim deed?
Yes. The person who owns the life estate can execute a quitclaim deed to the fee owner that releases all of their right, title and interest in the property. A statement can be added to the deed stating that the purpose of the deed is to extinguish the life estate. Once that release deed has been recorded the property will be free of the life estate.
How does a deceased person sign a Quit Claim Deed?
They cannot. Their estate must be probated and the administrator or executor of the decedent's estate, when they have been legally empowered to do so, must execute a deed from the estate..
Who are the remainder man in a life estate when none are specified in the deed?
You have asked an interesting question. If a person (A) was granted a life estate by deed and there was no remainder interests mentioned in that deed then the fee remains with the owner (B) who granted the life estate. When B dies the property will become part of their estate and will remain subject to the life estate.
How long can you wait before changing the name a deed after a person pass away?
If that person died owning real estate the estate must be probated in order for legal title to pass. You should consult with the attorney who handles the estate about drafting a new deed.
Who owns the title of the property?
Ownership of real estate is evidenced and accomplished by a deed. The person who transfers the property is called the grantor and the person who receives it is the grantee. In any deed, the grantee is the new owner. The owner of real estate is said to hold title to it.
How can you reverse a life estate deed back to parents?
You can release a life estate by a deed of release that must be recorded in the land records. The life tenant would grant a their interest back to the person who originally granted the life estate to them.
Would a beneficiary Deed to property be legal in the State of Ga?
Generally, in order for title to real estate to pass to the heirs or devisees the estate must be probated. If a person inherited an interest in real estate a quitclaim deed from them would convey their interest in the property IF the estate had been probated. If the estate was not probated then they are not a legal owner of the property and their deed would convey nothing.
How can you get a deed for a house if the owners dead?
The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.
How can a Senior citizen take his gift deed back?
He would need to prove fraud or undue influence or that he was legally incompetent at the time of the deed. He would need to prove that in a lawsuit.He would need to prove fraud or undue influence or that he was legally incompetent at the time of the deed. He would need to prove that in a lawsuit.He would need to prove fraud or undue influence or that he was legally incompetent at the time of the deed. He would need to prove that in a lawsuit.He would need to prove fraud or undue influence or that he was legally incompetent at the time of the deed. He would need to prove that in a lawsuit.
What takes precedence - a will or life estate deed for real property?
Your question does not contain enough detail. You can add more details on the discussion page. If a person conveyed their real property by deed while living then the property cannot become part of their estate after their death. If they granted a life estate, that person owns the life estate for the duration of their natural life.
Can power of attorney release a life estate deed deeded to a son?
Not once it has been deeded. Only the person granted the life estate can release it.
