If they sign away the rights, the remainderman gets the property free of the life estate. Walking away without signing it over, depending on the document that created the life estate, may be all it takes, but consult a property attorney in your area.
You should be able to have the property inspected since you have an interest and it is in your best interest to make certain the property is well maintained (to protect its value). Since life estates and the rights & responsibilities associated with them vary from state to state, you should contact the attorney who represented the estate and ask how you go about arranging to monitor the upkeep of the property. You should also ask about the responsibilities of the life tenant and your own regarding the property.
to survey the estate i think
The tenant owns the legal interest in the leasehold estate. The fee owner is the one who actually owns the property but the property is subject to the lease.
If you conveyed your property and retained an enhanced life estate you could release your interest in the property by executing another deed to the grantee that releases all your right, title and interest in the property, including the life estate you reserved in your prior deed. That deed should be drafted by an attorney who specializes in real estate in your jurisdiction and recorded in the land records. Any deed that conveys an interest in real property should be drafted by a professional.
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.
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.
Generally, in order for title to real estate to pass to the heirs or devisees the estate must be probated. If a person inherited an interest in real estate a quitclaim deed from them would convey their interest in the property IF the estate had been probated. If the estate was not probated then they are not a legal owner of the property and their deed would convey nothing.
No, a grantee of a life estate cannot serve an eviction notice to the holder of the remainder interest because they do not own the property in full. The holder of the remainder interest has a legal right to inherit the property after the life estate ends.
The life estate goes to the remainderman.
Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.
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.
The mortgage must be paid if the heirs wish to keep the real estate. The decedent conveyed an interest to the lender and if the mortgage isn't paid the lender can take possession of the property by foreclosure. You should discuss the situation with the attorney who handles the estate.