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THE TENANT IS STILL ALIVE BUT HAS MOVED

we need to know more facts. Who granted the life estate? Are they still alive? Were there any terms to the life estate, such as "if unable to occupy for six consecutive months, the life estate terminates". The person granted the life estate can also terminate it by filing a document at the registry of deeds.

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โˆ™ 2009-05-11 14:25:06
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Q: How can a life estate legally be reversed or amended?
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Life estate Mothers real property lives there has 2 children deeded half ea. Who has to pay the property taxes while mother is alive and living in the house Could she have reversed the Life Estate?

who evers name is on the deed is legally responsible


Can your deceased mothers life estate property be reversed?

A deceased person could have their life estate property revised. It is best to seek the advice and assistance of a lawyer.


Can life estate be reversed when sold house to daughter the attorney gave mother-in-law a life estate written on the new deed without having the agreement to the life estate signed by mother-in-law?

Your question is extremely hard to follow. Generally a life estate cannot be "reversed". The attorney isn't the one who grants a life estate. The owner of the property grants it in the deed. If the mother-in-law owned the property and conveyed it reserving a life estate for herself it can't be reversed. Generally, the recipient of a life estate doesn't sign the deed "in agreement". For example, Sally can grant her property to Sheila for life and the fee to Tom and Jerry upon Sheila's death. Sheila wouldn't be required to sign that deed. A life estate isn't considered an agreement. You should discuss the life estate with an attorney to determine the rights and obligation of both parties.


What is an irrevocable trust?

A trust that cannot be revoked or amended by the party who establishes it. This type of trust is often established when life insurance is purchased to protect an estate. However, it is generally used in estate planning to remove property from the estate of the grantor/trustor.


What happens in a life estate if the grantee dies before the grantor?

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 either by will or under the state laws of intestacy. However, the life estate owner retains their life estate and the heirs acquire title subject to the life estate. The life estate owner would still have the right to the use and possession of the property for the duration of their natural life. They would also be subject to any statutory law regarding the obligations of a life estate owner in maintaining the property, paying taxes, maintaining insurance, etc..


What happens when the person who has a lifetime estate abandons the property?

A property is not usually seen as being abandoned just because it seems as though it is and a life estate belongs to the beneficiary of it for the length of their life or until they decide to give it up legally


Can a ladybird quitclaim be amended?

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.


Is Life Estate part of the deceased's estate?

No. A life estate expires upon the death of the life tenant.


Can executor in a life estate transfer property through a deed?

A life estate is extinguished upon the death of the holder of the life estate.


If someone is granted a life estate and they remarry how will this affect the life estate?

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.


How do you sever a life estate in Florida?

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.


Is a remainderman of a life estate entitled to receive the will in which he is named?

An estate that has real estate must be probated in order for title to pass legally. Once the will has been filed for probate it becomes a public record and you can visit the court and obtain a copy.An estate that has real estate must be probated in order for title to pass legally. Once the will has been filed for probate it becomes a public record and you can visit the court and obtain a copy.An estate that has real estate must be probated in order for title to pass legally. Once the will has been filed for probate it becomes a public record and you can visit the court and obtain a copy.An estate that has real estate must be probated in order for title to pass legally. Once the will has been filed for probate it becomes a public record and you can visit the court and obtain a copy.


Can life estate property be sold to the life estate recipient?

Yes, the remainder can be sold to the life estate holder.


What if a life estate tenant remarries?

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 grant of the life estate.


When the grantor of a life estate deceases does the life estate continue with the deceased estate?

The life estate will last as long as the beneficiary lives. The estate will have to remain open until that point in time.


Life estate voided?

Only by the death of the life estate holder or by their release of the life estate by deed to the fee owners.


Can the life tenant release the life estate?

Yes, they can release their life estate.


Life estate does your spouse have interest in it?

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.


If granter is not dead can he terminate a life estate?

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.


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.


What kind of estate establishes the ownership of property for only the life of the owner?

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.


Can you change trustees 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.Trustees are not generally involved in a life estate.


Can a mother will or transfer her life estate to one of her children in the state of Florida?

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.


Can a remainderman sell a life estate without consent of other remaindermen?

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. 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. 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. 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.


What is the term for the holder of a life estate?

The owner of a life estate is called the life tenant.