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Martha Rutledge hereby grants the property to Sherri Pratt reserving a life estate.
You should note that deeds should always be drafted by an attorney who can draft a proper deed for your jurisdiction and explain the consequences. Errors (and they are common) by non-professionals can be costly to correct later, if they can be corrected.
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∙ 7y ago
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Does a stepfather have rights to property if mother had a life estate?
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.
In Pennsylvania mother transferred her property deed to her daughter with the mother listed as having a life estate. Mother passes away Does mother's estate owe any taxes on that property?
That may require a payment of taxes. The form of the life estate will also affect the tax situation.
Both husband and wife jointly own property His mother has Life Estate but leaves home who owns the property?
The H & W own the property in fee. However, the property is subject to the life estate of the mother. If they wish to sell or mortgage the property she would need to sign the deed or mortgage. If she no longer lives there then they should obtain a release from her for her life estate and the release should be recorded in the land records. Otherwise, only a death certificate will extinguish the life estate as a burden on the property.
What are the rights of the property owner who gives their mother a life estate to live in the house as long as lives but now she can no longer live there?
You need to draft a release of the life estate and ask your mother to sign it. Only she can release the life estate to clear the title.
What if the grantor is no longer mentally capable of living at property?
That will depend on the wording of the will or trust. While they may have to move out for health and safety reasons, in most cases there is still a life estate in the property.
Can you please give you the wording for a deed when Mother own property and wish to transfer it to her son - reserving a life estate for the mother?
Deeds should always be drafted by a professional. You should consult an attorney who can review your situation, explain your options and the consequences and draft a proper deed for your jurisdiction.
Can life estate be reversed when sold house to daughter the attorney gave mother-in-law a life estate written on the new deed without having the agreement to the life estate signed by mother-in-law?
Your question is extremely hard to follow. Generally a life estate cannot be "reversed". The attorney isn't the one who grants a life estate. The owner of the property grants it in the deed. If the mother-in-law owned the property and conveyed it reserving a life estate for herself it can't be reversed. Generally, the recipient of a life estate doesn't sign the deed "in agreement". For example, Sally can grant her property to Sheila for life and the fee to Tom and Jerry upon Sheila's death. Sheila wouldn't be required to sign that deed. A life estate isn't considered an agreement. You should discuss the life estate with an attorney to determine the rights and obligation of both parties.
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.
Whose financial asset is the life estate the remainder or the life tenant?
Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.
Grandmother left her house to us in her will but gave our mother a life estate can we make our mother move out?
You cannot sell the property or end the life tenant's right to the use and possession of the property without their written consent.
You co-signed on your sons mortgage you have your own property in a life estate can your sons mortgage company have any rights to your property that is in the life estate?
If the property in which you have a life estate is a separate and distinct property from the property your son mortgaged (and you co-signed) then the lender has no rights in your life estate property. If the property your son mortgaged is the same property in which you have a life estate then if he defaults on the mortgage and the lender takes possession you will also your life interest in the property since you also signed the mortgage.
In her will a testator left a life estate to one son and named her other son as remainderman. What happens if the remainderman dies before the son who has the life estate?
Generally, if the mother's estate was duly probated, the property was owned in fee by the remainderman. It would pass to his estate subject to the life estate. However, you should consult with an attorney who specializes in probate and the law of real property in your jurisdiction who can review the situation and explain the status of the property.
