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Usually it designates an agreement made between the owner of real property and other persons which allows the owner to live on the property for the duration of his or her life. The person may also collect rent or other profits connected with the property during their lifetime. Likewise the person is required to pay all costs of maintaining the property (including taxes) in, at the very least the condition it was in when the agreement was made. Said property cannot be sold or partitioned w/o the consent of the "remaindermen" (person(s) named in the life estate agreement) At the time of death the property automatically reverts to the "remaindermen" without the necessity of probate procedures.
Wiki User
∙ 18y ago
Wiki User
∙ 12y agoIt is the right to own or possess a property for the rest of the life of the person having the life estate. When that life is over, someone else will own or possess the property, according to the document that creates the life estate. This is frequently used for "generation skipping" in a will: the grandparent's will bequeaths land and buildings to grandchildren, but reserves a life estate for one or more children. The grandchildren get clear title when the named children (their parents) die, terminating the life estate.
A life estate is a present possessory interest in a property, the term of which is measured by the length of someone's life. In "olden days" a simple deed for a property "from A to B" implied that A got it back when B died. In modern times, one would need to be more specific to avoid the implication that the heirs of B would inherit the property.
For example, "from A to B as long as B shall live", or "from A to B for life, then to C and his heirs." In the first example, A gets the property back upon the death of B, but in the second example, it goes to C and then to C's heirs and A and his heirs have no further claim to the property.
Wiki User
∙ 14y agoA life estate set forth in a deed means that some other named person has the right to the use and possession of the property for the duration of their natural life. They do not own the property but the owners cannot mortgage or sell the property without the written consent of the life tenant. You would need to check your particular state laws for the legal obligations of the life tenant regarding such issues as taxes, insurance and maintenance costs.
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Can a person you sign the deed in a life estate sell the property while you are sill living on the in the house?
If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.
Does the grantee of the life estate deed have to sign the deed?
The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.
Does a life estate override a fee simple absolute deed?
Yes. If property is subject to a life estate and then it's conveyed by deed, the property remains subject to the life estate until the life tenant dies or releases their life estate in writing.
Is there a way to dissolve a life estate by using a quitclaim deed?
Yes. The person who owns the life estate can execute a quitclaim deed to the fee owner that releases all of their right, title and interest in the property. A statement can be added to the deed stating that the purpose of the deed is to extinguish the life estate. Once that release deed has been recorded the property will be free of the life estate.
How can a life estate be released?
A life estate is created by a deed executed by the owner of the property or by their Will.A life estate is created by a deed executed by the owner of the property or by their Will.A life estate is created by a deed executed by the owner of the property or by their Will.A life estate is created by a deed executed by the owner of the property or by their Will.
Can a life estate be undone?
The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.
Can another another heir challenge a life estate deed?
No. The owner of the property has the right to grant a life estate.
How can you release your interest in an enhanced life estate?
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.
How does a life estate deed supersede a will?
If a person was granted a life estate in property and then the owner dies, the property remains subject to the life estate. Even if the decedent leaves the property to a different beneficiary in the will, the property passes subject to the life estate.
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.
What takes precedence - a will or life estate deed for real property?
Your question does not contain enough detail. You can add more details on the discussion page. If a person conveyed their real property by deed while living then the property cannot become part of their estate after their death. If they granted a life estate, that person owns the life estate for the duration of their natural life.
Who are the remainder man in a life estate when none are specified in the deed?
You have asked an interesting question. If a person (A) was granted a life estate by deed and there was no remainder interests mentioned in that deed then the fee remains with the owner (B) who granted the life estate. When B dies the property will become part of their estate and will remain subject to the life estate.
