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.
The owner of the life estate must release it to the owners of the property. The easiest way would be using a quitclaim deed stating that they are releasing all their right, title and interest in the property. The quitclaim deed should then be referenced to the deed that created the life estate and recorded in the land records.
If the person (prior owner) who created the life estate wants the property back. The present owners would need to convey their interest in the property back to that person by a deed. The life estate would be extinguished.
Generally, no. Not unless that right was reserved in the original reservation or grant. A life tenant who misuses their life estate or who wastes the property must be sued in a court of equity that could extinguish the life estate by a court decree.
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.
A life estate is created by a deed executed by the owner of the property or by their Will.A life estate is created by a deed executed by the owner of the property or by their Will.A life estate is created by a deed executed by the owner of the property or by their Will.A life estate is created by a deed executed by the owner of the property or by their Will.
The owner of the life estate.
The owner of a life estate is called the life tenant.
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.
No. An owner of property can grant a life estate at any time to any person of their choosing.No. An owner of property can grant a life estate at any time to any person of their choosing.No. An owner of property can grant a life estate at any time to any person of their choosing.No. An owner of property can grant a life estate at any time to any person of their choosing.
Yes, unless there are special conditions or restrictions set forth in the original grant or reservation of the life estate.Yes, unless there are special conditions or restrictions set forth in the original grant or reservation of the life estate.Yes, unless there are special conditions or restrictions set forth in the original grant or reservation of the life estate.Yes, unless there are special conditions or restrictions set forth in the original grant or reservation of the life estate.
If a person was granted a life estate in property and then the owner dies, the property remains subject to the life estate. Even if the decedent leaves the property to a different beneficiary in the will, the property passes subject to the life estate.
There may be a life estate if the owner granted one to someone by deed or by their will.
No. The life tenant would need to release his life estate in writing.
If you are the owner, yes.
Yes. If a life estate isn't recorded then the fee owner of the property can sell the property and the new owner's interest in the property will not be subject to the life estate. Any interest in real estate must be recorded in order for it to be effective against the world.