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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.
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∙ 13y ago
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Can a life estate be cancelled by the granter in Florida?
No. A life estate must be released by the life tenant unless the grantor reserved the right to revoke it.
Can a granter of a life estate terminate it at any time without the permission of the grantee's?
It will depend on the laws in the specific state. Some will allow it, others will not. Some feel that if they granted to estate, they can take it away. It is likely to cause a lot of ill feelings. You really should consult an attorney.
Can a quit claim deed be used to terminate life use?
Yes. The life tenant could use a quitclaim deed form to terminate their life estate.
Can civil court terminate life estate?
Yes, if the court is provided with compelling enough evidence to render a decision that the life estate should be extinguished.
Does a farm lease terminate with the death of the life estate holder?
Yes, if the life tenant was the individual who executed the lease.
How do you dissolve a life estate?
A life estate can be dissolved by the life tenant voluntarily surrendering their rights, or through a legal action by the remainderman to terminate the life estate. Dissolution can also occur through mutual agreement between the life tenant and the remainderman, or if the terms of the life estate end naturally, such as upon the death of the life tenant.
If my mother n law has life estate on her land and I have a mobile home on it when she passes would I have to move or do you have the right to stay?
When your mother-in-law passes away, her life estate interest will terminate according to the terms of the life estate. You may have to vacate the property depending on the specific terms of the life estate arrangement and any agreements made with the estate's beneficiaries. It is recommended to review the legal documentation and consult with an attorney for guidance on your rights to stay on the property.
When you die can the collectors take your life insurance?
Yes, In most countries the law would require that the life insurance be paid into the dead persons estate - if the dead person owed any debts (to tradesmen, banks or for government tax) then the estate must settle these before the dead persons relatives can inherit from the estate.
How do you terminate a life estate?
If you are the holder of the life estate, you should be able to sign your interest over with a quit claim deed. Consult your attorney for the proper steps in your state. Or a visit to the county courthouse can help, particularly if you can find a time when it is'nt too busy and can ask some questions.
Is a life estate terminated when the life tenant is placed in a nursing home due to alzheimers?
No. Possession of the property has nothing to do with how long a life tenancy lasts. The "life tenant" (who is the owner for life) could be in a nursing home, in prison for life, living in Antarctica for 50 years, whatever. The life tenancy, by definition, does not ordinarily terminate until the person whose life measures the estate ownership passes away, in fact, or has been deemed by a court to have passed away, in law (e.g., missing at sea for 7 years, or perhaps brain-dead for 2 years). However, a life estate can be transferred to others, and may be terminated if the "others" in the transfer happen to be exactly the same people who would ordinarily get it after the life tenant's death.
How do you reverse a life estate made by the original owner?
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.
What if the owner of a life estate moves from the property?
There should be provisions for that in the documents that established the life estate.AnswerIn many cases the document that established a life estate is simply a reservation in a deed of conveyance- a statement that declared, "I hereby reserve a life estate". Some states address life estate rights and responsibilities in their legal codes. A life estate guarantees the use and possession of the property for the life of the life tenant. The life tenant may be able to rent out the property for income as long as they pay maintenance and taxes. However, that arrangement would terminate upon the death of the life tenant.If a life tenant stops using the property with the intention of not returning the owner can request that they release their life estate in writing and the release should be recorded in the land records to clear the title. If they refuse, the owner should consult with an attorney who can review the situation and explain the options, if any.
