There may be a life estate if the owner granted one to someone by deed or by their will.
No. A life estate includes the right the use and possession of the property for life. Only the fee owner can sell the property or rights therein.
You cannot place a lien on the real estate since the life estate provides only the right to the use and possession of the real estate during the life of the life tenant.If the rights under the life estate are transferred, those rights last only during the life of the original life tenant. The life tenancy is extinguished upon the death of the original life tenant. That makes a life estate difficult to sell and difficult to assign a value. It has value only to the extent that someone will pay for use of real estate during the life of the life tenant, for an uncertain period. There is not an active market for the sale of life estates.You should consult with an attorney in your area who can review your situation and explain your options.
The life estate expires when the life estate owner does and the mineral rights revert to the property owners in fee.
A life estate is a right in property. Rights in property don't go away. The name on the life estate is the person that retains the rights to the life estate.
A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.
To relinquish your rights in a life estate you can execute a release or waiver of rights, in writing, witnessed and notarized, and record it in the land records .
No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.
Answer:On the discussion page you explained that you want to give your daughter lifetime rights to live in your home. The legal term for lifetime rights in real property is a life estate. The most common way to create 'lifetime rights' in real estate is by granting a life estate in a deed. However, that may not be the best option to use if your daughter does not have legal capacity.Granting a life estate in real property gives the life tenant the right to the use and possession of the property for the duration of their natural life. The property cannot be mortgaged, refinanced or sold without the written consent of the life tenant. You need to discuss this issue with an attorney who can review your situation, the reason you have made such a decision and explain your options. The attorney should be an expert in estate planning.
If you are talking about a life estate, the answer is no unless stated in the life estate.
Yes, they can place a lien on real estate. That may mean they get nothing if the individual dies, because they can only lien on the rights of that individual.
yes
You may not be able to do that. The holder of the life estate has to sign off on the property rights.