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How is title on property conveyed after the death of the grantor in a life estate deed?
Wiki User
∙ 14y ago
I will assume that the 'grantor' conveyed property to you and reserved a life estate. If that life tenant has died their life estate is extinguished. You need to record a Death Certificate in the land records to show proof of their death. You are now the fee owner and the property is free and clear of the life estate. You can convey the property by any type of deed listing you as the grantor. You could add a statement at the end of the deed stating that the life tenant (name) died on (date) and a Death Certificate is recorded in (recording reference). You could also attach a Death certificate to the deed of conveyance and record both at the same time.
Wiki User
∙ 14y ago
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Grantor conveyed their property to a trust reserving a life estate. If the sole beneficiary dies before the Grantor does the property revert back to the original Grantor?
No. Not unless the trustor made that reverter a provision of the trust.If a grantor transferred their property to a trust and reserved a life estate, the life estate continues even if the beneficiary of the trust dies. There should be a provision in the trust that directs where the property should go in the case of the death of the sole beneficiary. This is a good example of the need for an expert to draft any trust.You need to review the terms of the trust to determine how the trust property will be distributed. If the trust doesn't address this issue then it may need to be addressed by a court.
What is the priority between a deed of gift and a devise in a will?
If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.
Can a life estate owner leave the property by will prior to the death of the grantor?
No. The grantee of a life estate cannot leave the life estate in a will because a life tenant doesn't own the property, only the right to use it during their life. The life estate ends when the life estate owner dies. That's why it is called an estate for life. After the death of the life tenant there is nothing left to devise by a Will.Sometimes the owner of land simply grants a life estate to another party. In that case the grantor still owns the property subject to the life estate. When the life tenant dies the life estate is ended and the grantor still owns the property. In other cases the owner transfers the property in fee to new owners but reserves a life estate to herself or some other person. In that case the property is no longer owned by that grantor at the time of the grantor's death and so does not become part of the estate. In that respect, a life estate deed is an estate planning tool.
Can a person with usafrux of property stop heirs from entering property?
The usufruct at civil law is simply a life estate which terminates at the death of the grantee, the property interest of which then reverts to the grantor.
If no will can the Power of Attorney be used as a will?
A power of attorney is not a will! The power of attorney ended on the death of the grantor. An estate will have to be opened and the law of intestacy will be applied to the property.
Can a property deed be protested based on a will?
No. If an owner conveyed property prior to their death then the property cannot become part of their estate. You can only give what you own. The property is gone and someone else owns it.
What does life estate reserved mean on a warranty deed?
That means the grantor, or some other person named by the grantor, has the right to the use and possession of the property for the duration of their natural life. The life estate can only be released by the life tenant in writing or by the death of the life tenant.
If a person that reserves a life estate in property but does not occupy the property becomes incapacitated and has a power of attorney does the appointed person have control over the property?
The power of attorney will have control of the property as long as the individual remains living. The life estate and the power of attorney expire on the death of the grantor.
Does a person who signs a quit claim deed have right to the property?
Not necessarily, a quit claim deed just assigns all interest from one party to another. I can give you a quit claim deed to the Brooklyn Bridge, assigning you all of my interest in that property. The deed would be legal in that I am assigning all of my interest in the bridge, but you wouldn't have any more interest in the bridge AFTER receiving the deed than you did before, since I do not have any interest in the bridge. If there are other encumbrances against the property, a quit claim deed does not remove those encumbrances and in fact may result in the acceleration of a mortgage repayment, if a current mortgage exists against the property.A Quitclaim deed is often used when people want to change the wording on a deed or to enable the other party to sell the house without needing the signature of anyone else on the deed. I have seen them used to "clean up" the names on a title for the sale of a home or for refinancing. As stated above, the effects of a quitclaim do not eliminate the lien the bank has on the house if the house is not paid for. It does not remove or change the names on the mortgage and those people's responsibility to pay. Clarification:If the grantor on the quitclaim deed owns all the interest in the property in fee then YES you would acquire ownership of the property. If there were any liens and encumbrances you would acquire the land subject to them. In some parts of the country quitclaim deeds are often used to convey real property.
Does a quit claim deed super-cede a will in NY?
Yes. If the decedent conveyed real property by deed before they died then the property was not included in their estate at the time of death because they no longer owned it.
Can property said to be given prior to death but not documented be kept from probate?
Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.
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.
