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Answered 2007-01-14 18:35:31

A Life Estate is not terminated until the end of that person's life. However, depending on the wording of the granting document, it may have a clause in it that specifies that it is valid as long as the individual wishes to live there. A person with a real Life Estate could move out and rent the property. Check the documents that granted to right to see if there are limitations.

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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.


How can a life estate end prematurely?

A life estate can be terminated by a release in writing by the life estate holder. The release must be recorded in the land records to clear the title.


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 happens if life estate is terminated?

The remainderman has full vested rights in the property.


Is a life estate a freehold estate or a less than freehold estate?

A freehold estate is a right of title characterized by two features: it is an interest in land and the interest is not of a fixed duration.In the United States a life estate is a freehold estatealthough the ownership is of a limited duration. That duration can be measured by the life of the life tenant or of another person. When the measured life ends the life estate expires.A life estate in England and Wales does not create a freehold estate.


Can you add two trustees to a life estate?

The owner of the property may be able to grant additional life estates as long as they own the property and with the consent of the existing life tenant. You should consult with an attorney. Trying to grant a life estate to a trustee may be difficult. A trustee is an office holder appointed to act for a trust. Trustees are appointed and removed, and trusts are terminated. A life estate is measured by a life in being.The life estate owners cannot make any changes to the life estate. In most jurisdictions the life estate owner can assign their interest to another person (forfeiting their right to the use of the property) but the life estate would still expire upon the death of the original holder.The owner of the property may be able to grant additional life estates as long as they own the property and with the consent of the existing life tenant. You should consult with an attorney. Trying to grant a life estate to a trustee may be difficult. A trustee is an office holder appointed to act for a trust. Trustees are appointed and removed, and trusts are terminated. A life estate is measured by a life in being.The life estate owners cannot make any changes to the life estate. In most jurisdictions the life estate owner can assign their interest to another person (forfeiting their right to the use of the property) but the life estate would still expire upon the death of the original holder.The owner of the property may be able to grant additional life estates as long as they own the property and with the consent of the existing life tenant. You should consult with an attorney. Trying to grant a life estate to a trustee may be difficult. A trustee is an office holder appointed to act for a trust. Trustees are appointed and removed, and trusts are terminated. A life estate is measured by a life in being.The life estate owners cannot make any changes to the life estate. In most jurisdictions the life estate owner can assign their interest to another person (forfeiting their right to the use of the property) but the life estate would still expire upon the death of the original holder.The owner of the property may be able to grant additional life estates as long as they own the property and with the consent of the existing life tenant. You should consult with an attorney. Trying to grant a life estate to a trustee may be difficult. A trustee is an office holder appointed to act for a trust. Trustees are appointed and removed, and trusts are terminated. A life estate is measured by a life in being.The life estate owners cannot make any changes to the life estate. In most jurisdictions the life estate owner can assign their interest to another person (forfeiting their right to the use of the property) but the life estate would still expire upon the death of the original holder.


Can a life estate be terminated?

It can be released in writing by the life tenant and the release recorded in the land records will clear the title.


Can a remaindermen sell life estate property in South Carolina?

A person with a remainder interest can sell their interest. However, the property remains subject to the life estate until the life tenant dies or releases their life estate in writing.


Does a life estate have to be recorded?

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.


Can a life estate be included in the holder's will?

A life estate is extinguished upon the death of the holder. There is no remaining interest that can be passed by will.


Does a remainderman have any property rights?

Yes. The remainders actually own the fee in the property. They have the right to have the property maintained in good condition by the life tenant. If the life estate holder is wasting the property the remainders can sue in court to have the life estate terminated. Upon the death of the life tenant or the release of the life estate they will have the right to full use and possession of the property.Yes. The remainders actually own the fee in the property. They have the right to have the property maintained in good condition by the life tenant. If the life estate holder is wasting the property the remainders can sue in court to have the life estate terminated. Upon the death of the life tenant or the release of the life estate they will have the right to full use and possession of the property.Yes. The remainders actually own the fee in the property. They have the right to have the property maintained in good condition by the life tenant. If the life estate holder is wasting the property the remainders can sue in court to have the life estate terminated. Upon the death of the life tenant or the release of the life estate they will have the right to full use and possession of the property.Yes. The remainders actually own the fee in the property. They have the right to have the property maintained in good condition by the life tenant. If the life estate holder is wasting the property the remainders can sue in court to have the life estate terminated. Upon the death of the life tenant or the release of the life estate they will have the right to full use and possession of the property.


What happens to a life estate in a divorce?

A life estate is not affected by a divorce unless that was made a condition when the life estate was granted. The grant would need to state the life estate would be terminated in the event of a divorce. If there was no limitation in the original grant then the life tenant has the right to the use and possession of the property for the duration of their natural life. They would need to sign a release to extinguish the life estate.


Can a life estate deed be rescended by heirs?

No. It can only be released by the life tenant in writing, voluntarily. If the life tenant doesn't want to relinquish the life estate, the heirs would need to buy them out or wait until they have died.


Can a life estate be cancelled due to hardship?

Not once it has been granted. The holder of the life estate would have to sign it over. They could voluntarily give it back if they no longer wish to hold it.


What is a bare life estate?

Can the remainder of a bare life estate transfers their remainder interest to another person while the life tenant is still alive.


Can a nursing home force the sale of real estate that is part of a life estate?

No. The holder of a life estate has only the right to use the property and does not own a fee interest.


Who is responsible for your debt when you die?

Your estate. Nobody in this life, but you have to pay it in your next life with interest.


Can an incompetent person sign away their rights to their life estate?

NO. The court must appoint a guardian and the matter will be reviewed to make certain it in the best interest of the ward to relinquish the life estate.NO. The court must appoint a guardian and the matter will be reviewed to make certain it in the best interest of the ward to relinquish the life estate.NO. The court must appoint a guardian and the matter will be reviewed to make certain it in the best interest of the ward to relinquish the life estate.NO. The court must appoint a guardian and the matter will be reviewed to make certain it in the best interest of the ward to relinquish the life estate.


How Life interest deed from brothers to sister revoked?

You cannot "revoke" a life estate. The only way to extinguish it is for the life estate holder to sign a release.


Can an undivided interest of a half section of farmland that's in life estate be divided?

Even if divided it would remain subject to the life estate.


Can a remainderman sell property with a life estate?

The remainderman can sell their interest as a remainderman in the property subject to the life estate. The life tenant has the right to the use and possession of the property for life.


Can you sell your interest in a house that is lived in by a person covered under a life estate?

I bet you can, as long as the buyer understands that "your interest" includes the honoring of the life estate. You can sell what's yours, and not what isn't, obviously.


Can a life estate be terminated because of damage to the property?

Whether or not a life estate could be revoked would Depending upon the nature of the damage and the response of the life tenants. The tenants would need to be allowed sufficient time to reinstate the property to its original condition before any rescinding action could be taken.


Does the owner of a life estate to a residence also have life estate to property the dwelling is on?

Unless the life estate was restricted to the dwelling only the life tenant has the right to the use of the real property for the duration of their natural life. A life estate is an interest in the real property upon which the dwelling sits. The property affected by the life estate is the premises described in the deed to the property.


How can you reverse a life estate deed back to parents?

You can release a life estate by a deed of release that must be recorded in the land records. The life tenant would grant a their interest back to the person who originally granted the life estate to them.


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