The remaining life tenant has the right to the use and possession of the property for life. Upon the death of the remaining life tenant your husband will own the property absolutely, free of the life estates.
A life estate is measured based on the life of the benificiary and is applied to whatever property they got the grant in. If two people are given a life estate in the same piece of property, it will be measured on the life of the longest living one. You could have any number of people given a life estate in a trust or property.
You do not own property when you have a life estate. A life estate provides you with the rights to the use and possession of the property for the duration of your natural life.If a married couple are older and want to avoid probate but remain in their home they can transfer their property to their adult children and reserve life estates in the deed. They would no longer own the property but they would have the right to life use as expressed above. The children would own the property subject to the life estates.You do not own property when you have a life estate. A life estate provides you with the rights to the use and possession of the property for the duration of your natural life.If a married couple are older and want to avoid probate but remain in their home they can transfer their property to their adult children and reserve life estates in the deed. They would no longer own the property but they would have the right to life use as expressed above. The children would own the property subject to the life estates.You do not own property when you have a life estate. A life estate provides you with the rights to the use and possession of the property for the duration of your natural life.If a married couple are older and want to avoid probate but remain in their home they can transfer their property to their adult children and reserve life estates in the deed. They would no longer own the property but they would have the right to life use as expressed above. The children would own the property subject to the life estates.You do not own property when you have a life estate. A life estate provides you with the rights to the use and possession of the property for the duration of your natural life.If a married couple are older and want to avoid probate but remain in their home they can transfer their property to their adult children and reserve life estates in the deed. They would no longer own the property but they would have the right to life use as expressed above. The children would own the property subject to the life estates.
An enhanced life estate gives the life tenant the power to sell and mortgage the property. A conventional life estate grants only the use and possession for life. However, enhanced life estates are not available in every jurisdiction. Florida is one where enhanced life estates are recognized. You should discuss it with an attorney who specializes in real estate.An enhanced life estate gives the life tenant the power to sell and mortgage the property. A conventional life estate grants only the use and possession for life. However, enhanced life estates are not available in every jurisdiction. Florida is one where enhanced life estates are recognized. You should discuss it with an attorney who specializes in real estate.An enhanced life estate gives the life tenant the power to sell and mortgage the property. A conventional life estate grants only the use and possession for life. However, enhanced life estates are not available in every jurisdiction. Florida is one where enhanced life estates are recognized. You should discuss it with an attorney who specializes in real estate.An enhanced life estate gives the life tenant the power to sell and mortgage the property. A conventional life estate grants only the use and possession for life. However, enhanced life estates are not available in every jurisdiction. Florida is one where enhanced life estates are recognized. You should discuss it with an attorney who specializes in real estate.
Estates
Yes, leasehold estates are considered a form of real property. They represent a tenant's right to occupy and use a property owned by another party (the landlord) for a specified period under a lease agreement. While the tenant holds a leasehold interest, the underlying ownership of the property remains with the landlord, distinguishing leasehold estates from freehold estates.
Probably not, check your mortgage for what can be done with the property. Lenders do not like property encumbered with life estates.
That means a testator granted a life estate and when the life estate holder does the property is to be distributed per stirpes to the descendants of the testator.See related question for definition of per stirpes.
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.
Yes. You could grant a life lease to one son or another person, however, it would be subject to the life estates. Both sons have an equal right to the use and possession of the property for the duration of their natural lives under the life estates you granted in the past. The only way to extinguish a life estate is for the holder to release it in writing and the release must be recorded in the land records. Perhaps you could offer to buy the life estate from the son you wish to exclude now.
Chattels, movable property or personal property.
wills with property involved