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who evers name is on the deed is legally responsible

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โˆ™ 2006-03-24 04:13:07
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Q: Life estate Mothers real property lives there has 2 children deeded half ea. Who has to pay the property taxes while mother is alive and living in the house Could she have reversed the Life Estate?
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Can your deceased mothers life estate property be reversed?

A deceased person could have their life estate property revised. It is best to seek the advice and assistance of a lawyer.


My sister has died a year after inheriting your mothers estate does this form part of her estate or will it go back to your mothers estate?

The property is now part of your sister's estate.


If I signed the hospital admission forms as POA am I responsible for the debt after my mother's death?

No. Your mothers estate would be however There is no estate. She did not own a home or property.


What rights do surviving children and step children have to property?

Step children have no rights to the property. The children are entitled to half the estate. The step parent would get the other half.


Are adult children responsible for bills with an estate?

When you die leaving your estate to your children they are liable to pay the tax or mortgage etc and if the property is then rented to another by your children they are still liable for the taxes on that property and not the tennant as they pay the rent to the children for the privelidge of having full use of the property but the property remains under the ownership of your children and it is the owner that is liable for the payment of taxes mortgage etc


If your mother dies and leaves no estate are her children responsible for paying her creditors?

A decedent's estate is responsible for payment of the debts. If there is any property in the estate, the debts must be paid before any property can be distributed to the heirs. If there is no property the creditors are out of luck.


What rights do you have to your fathers estate in Texas when there is no will and he has remarried?

The community property will be split in half, half for his spouse and the other half for his children. The separate property, if any, will go to the children, with 1/3rd going to the spouse. And the spouse will have a life estate in 1/3rd of all real property with the remainder to the children.


What are children's rights if property is deeded to them before the death of their father if their mother has a life estate on the property?

Generally, the children are the fee owners of the property. However, the property is subject to their mother's life estate. She has the right to the use and possession of the property for the duration of her natural life. If the children want to sell or refinance the property they must have mother's consent in writing.


Can you claim your deceased mothers share in deceased dads property?

No, you would take your share of his estate, which already includes hers.


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.


When real estate is in the name of the children of a deceased parent how can property be sold?

Only the guardian can sell, or the children when they are 18+.


Your husband has been made sole owner of his mothers estate the deed is in his name only so does he still have to go by his mothers will and let his nephew live in your house?

If mother's will gave her real property to her son and gave her nephew the right to live in the property then her nephew has a life estate. Her son must follow the provisions in the will. You should consult with the attorney who handled the estate to determine what your rights and obligations are.


When a life tenant dies with a will and property is willed the children is that property part of the estate?

A life estate expires when the life tenant dies. A life tenant doesn't own the property, it doesn't become part of their estate and therefore they cannot leave it to their heirs in their will. When a life estate is set up in a deed or will there is also a 'remainderman' who will own the property when the life tenant dies.


What rights do the mothers adult children have to their mothers estate if she dies before their step father?

It depends on what the will says. If there is no will, it may be divided evenly. Check the state laws in your jurisdiction.


What is the different between legal life estate and equitable life estate?

Suppose the testator left all her property IN TRUST with the profits to be paid over by the trustee to her son during his life, then the property would pass to HIS children at his death. In that case, the son would have an equitable life estate. If the testator granted her son the right to use the property and receive the profits from it during his life with the property to go to his children at his death then he has a legal life estate.


If property is only in your mothers name when she dies in Missouri will the step father or the mothers children get the property?

You need to check with your county's Registrar of Deeds to determine for certain if your mother IS the only person named on the deed. If the step-father is on the deed, the property will pass as the deed was written and filed. If the property is in the mother's name alone and there is a will in effect, the property will be allocated as stated in the will. If no will is in effect, the laws of intestacy will apply and the lawful spouse will be the primary inheritor, with each of the remaining blood relatives getting a percentage of the estate.


How do you get a life estate?

The owner of the property must grant a life estate to you.The owner of the property must grant a life estate to you.The owner of the property must grant a life estate to you.The owner of the property must grant a life estate to you.


Did your father have the right to leave a life estate to his second wife if the property is still in his and your deceased mothers name Her will was never probated?

Yes. in many cases it is a requirement of law that the spouse gets a life interest in the property. The property probably became your father's without any need for an estate, as the survivor.


Can a husband and wife own property together with life estates?

You do not own property when you have a life estate. A life estate provides you with the rights to the use and possession of the property for the duration of your natural life.If a married couple are older and want to avoid probate but remain in their home they can transfer their property to their adult children and reserve life estates in the deed. They would no longer own the property but they would have the right to life use as expressed above. The children would own the property subject to the life estates.You do not own property when you have a life estate. A life estate provides you with the rights to the use and possession of the property for the duration of your natural life.If a married couple are older and want to avoid probate but remain in their home they can transfer their property to their adult children and reserve life estates in the deed. They would no longer own the property but they would have the right to life use as expressed above. The children would own the property subject to the life estates.You do not own property when you have a life estate. A life estate provides you with the rights to the use and possession of the property for the duration of your natural life.If a married couple are older and want to avoid probate but remain in their home they can transfer their property to their adult children and reserve life estates in the deed. They would no longer own the property but they would have the right to life use as expressed above. The children would own the property subject to the life estates.You do not own property when you have a life estate. A life estate provides you with the rights to the use and possession of the property for the duration of your natural life.If a married couple are older and want to avoid probate but remain in their home they can transfer their property to their adult children and reserve life estates in the deed. They would no longer own the property but they would have the right to life use as expressed above. The children would own the property subject to the life estates.


If someone lives in mothers house and she dies can they be evicted from property?

The executor can have them leave or ask them to pay rent. It is their responsibility to keep the estate intact.


What happens in a life estate if the grantee dies before the grantor?

The grantee in a life estate is the life estate owner. If they die the life estate is extinguished and the property is free of the life estate. However, if you have your terms reversed please review the following. The grantor is the person who owns the property. The owner can grant a life estate and that person is the grantee. If the grantor dies the decedent's heirs would inherit the fee to the property either by will or under the state laws of intestacy. However, the life estate owner retains their life estate and the heirs acquire title subject to the life estate. The life estate owner would still have the right to the use and possession of the property for the duration of their natural life. They would also be subject to any statutory law regarding the obligations of a life estate owner in maintaining the property, paying taxes, maintaining insurance, etc..


What happens to mortgage debt when adult children acquire it?

The debt must be paid by the estate. If that's not possible and the children want to keep the property they must ay the mortgage. If the mortgage isn't paid the bank will take possession of the property by foreclosure.The debt must be paid by the estate. If that's not possible and the children want to keep the property they must ay the mortgage. If the mortgage isn't paid the bank will take possession of the property by foreclosure.The debt must be paid by the estate. If that's not possible and the children want to keep the property they must ay the mortgage. If the mortgage isn't paid the bank will take possession of the property by foreclosure.The debt must be paid by the estate. If that's not possible and the children want to keep the property they must ay the mortgage. If the mortgage isn't paid the bank will take possession of the property by foreclosure.


Is there an easy way to explain what a life estate is?

A life estate is the right to the possession, use and income from a property for the duration of one's natural life. For example, an elderly couple who owns a home could convey the property in fee, by deed, to their adult children. In the deed they could reserve a life estate for each of them. By doing so they could continue to live in the property for the rest of their natural lives and upon their deaths the property would be owned free and clear by their children. While the parents are still alive, although their children are the owners of the property, the children would need the parents' signatures to sell or mortgage the property.


Is money from the sale of property part of the estate?

If the property was part of the estate then the proceeds are also part of the estate.


Can you be reimbursed for property taxes from estate?

If the property is in the estate, the estate is responsible for them. You are entitled to be reimbursed if you have paid them for the estate. Submit your claim to the executor.