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If a person conveyed her property by deed while she was alive then she no longer owned it when she died. If the deed is valid the grantee should have recorded it and there should be no question about ownership. You cannot devise property in your will that you no longer own.

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Q: If one person is willed real estate and another person has been named on a warranty deed who gets the property?
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Related questions

What does estate mean?

A person's estate is all the property owned including real and personal property. In another sense an estate is a large piece of landed property with an elaborate house on it.


Can a person convey real property to another person without that other person being required to pay any consideration?

Yes, You can sign a Quit Claim deed giving up all "your" interest in the estate. You would be giving them a Warranty deed if there's no mortgage.


How does a life estate deed supersede a will?

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.


Can dominant estate having a right of way easement shift the easement to entirely separate another property from the easement?

No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.


What happens when owner of property dies and wills property to one person and another have lifetime rights?

The person with the life estate has the right to the use and possession of the property for the duration of their natural life. The person who was given the property in the will is the fee owner and will own the property free and clear after the death of the life tenant or when the life tenant releases the life estate in writing.


Can benefactor give rights for another person to enter on property at anytime in a life estate?

Yes. The "benefactor" or owner of the property can grant any amount of rights in the property.


Does a life tenancy form part of the estate of the person who granted it?

No. A life tenancy is granted by the owner of property to another person. For the duration of the life tenant's natural life they have the right to the use and possession of the property covered by the life estate.No. A life tenancy is granted by the owner of property to another person. For the duration of the life tenant's natural life they have the right to the use and possession of the property covered by the life estate.No. A life tenancy is granted by the owner of property to another person. For the duration of the life tenant's natural life they have the right to the use and possession of the property covered by the life estate.No. A life tenancy is granted by the owner of property to another person. For the duration of the life tenant's natural life they have the right to the use and possession of the property covered by the life estate.


When does residential property fall outside a decedent's estate?

When it is owned as tenants by the entirety or joint tenants with another person.


What is life estate in Fla?

A life estate is a right in real property based on the life of a person. It allows that person the use of the property for their lifetime.


Do you have to live in house now to receive 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.


Can you take a take loss on real estate and buy another property?

Yes, a person can take a loss on a piece of real estate and then go buy another property. Taking a loss can mean thousands of dollars, however. Discuss with a realtor the options one has.


Who is responsible for mortgage payment on a survivorship deed the person who is on the warranty deed of survivorship or the estate?

The answer depends on the details: when was the mortgage granted- when was the survivorship created. If the mortgagor was the sole owner of the property when they granted that mortgage, and later created a survivorship with another, then ownership passed to the survivor subject to the mortgage. If the survivor doesn't pay the mortgage then the lender will take possession of the mortgage by foreclosure.Survivorship property does not become part of the decedent's estate and the mortgage passes with the property to the survivor.