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What is the legal title of the one who receives property in a life estate?
Wiki User
∙ 11y ago
The life tenant acquires the right to the use and possession of the property for the duration of their natural life. The life tenant does not own the fee in the property. The fee is owned by the remainders. Upon the life tenants death the life estate is extinguished and the remainders own the property free and clear of the life estate.
Wiki User
∙ 11y ago
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What does vest title mean?
Vest means to confer full title to real property. "Title" to real property means legal and absolute ownership. When a person dies owning real property their estate must be probated whether they die with a will or without a will. That is because title to real property, if not transferred by a deed from the owner, must be transferred by a court order. The court decree that allows the probate of an estate vests title to the real estate in the heirs. If the estate is never probated the heirs never gain legal ownership of the property and the result is a cloud on the title.
My father died without a will and I inherited his property. His estate was not probated. Do I have legal title?
The property is still in your father's estate and his estate must be probated. You are not the legal owner.In order for title to real property to pass to the heirs-at-law in an intestate estate (no Will) or under the terms of a Will, the estate must be probated. Title is passed to the heirs by the probate process. You cannot "title" the property in your name until the estate has been probated. You cannot sell or mortgage the property until the estate has been probated. Until you probate the estate you only have what is called equitable title.You should consult with an attorney who specializes in probate who can review your situation and explain your options.
What happens if someone dies with no will and the family never changes the name on the deed to the property?
The property will remain in the estate of the decedent and no one will have legal title. In order for legal title to pass to the heirs the estate must be probated. No one can sell, refinance, insure or otherwise deal with the property until the estate is probated. The longer such a situation exists the more difficult and costly it will be to clear the title.Many such properties end up falling into disrepair and taken by the town for non-payment of property taxes.The property will remain in the estate of the decedent and no one will have legal title. In order for legal title to pass to the heirs the estate must be probated. No one can sell, refinance, insure or otherwise deal with the property until the estate is probated. The longer such a situation exists the more difficult and costly it will be to clear the title.Many such properties end up falling into disrepair and taken by the town for non-payment of property taxes.The property will remain in the estate of the decedent and no one will have legal title. In order for legal title to pass to the heirs the estate must be probated. No one can sell, refinance, insure or otherwise deal with the property until the estate is probated. The longer such a situation exists the more difficult and costly it will be to clear the title.Many such properties end up falling into disrepair and taken by the town for non-payment of property taxes.The property will remain in the estate of the decedent and no one will have legal title. In order for legal title to pass to the heirs the estate must be probated. No one can sell, refinance, insure or otherwise deal with the property until the estate is probated. The longer such a situation exists the more difficult and costly it will be to clear the title.Many such properties end up falling into disrepair and taken by the town for non-payment of property taxes.
Can personal representative sell property without grantees signature?
Yes, but the grantee should make certain the personal representative has the legal authority to sell the real estate and transfer legal title to the property. The best way to do that is to be represented by an attorney who specializes in real estate and probate law.Yes, but the grantee should make certain the personal representative has the legal authority to sell the real estate and transfer legal title to the property. The best way to do that is to be represented by an attorney who specializes in real estate and probate law.Yes, but the grantee should make certain the personal representative has the legal authority to sell the real estate and transfer legal title to the property. The best way to do that is to be represented by an attorney who specializes in real estate and probate law.Yes, but the grantee should make certain the personal representative has the legal authority to sell the real estate and transfer legal title to the property. The best way to do that is to be represented by an attorney who specializes in real estate and probate law.
Who owns the title of the property?
Ownership of real estate is evidenced and accomplished by a deed. The person who transfers the property is called the grantor and the person who receives it is the grantee. In any deed, the grantee is the new owner. The owner of real estate is said to hold title to it.
Who holds the tax benefits legal title or equitable title on a real estate contract?
A contract to purchase real estate gives the buyer no rights in the property except the right to purchase it. Title remains in the property owner until transferred by a deed of conveyance.
Would a beneficiary Deed to property be legal in the State of Ga?
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.
How do you sign over property left by mother to one sibling?
If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.
What do you do when a property is in an estate and one of the beneficiaries quit claims it to themselves with the consent of the executor?
It is likely that the deed is invalid. There are statutory requirements to transfer legal title to real estate from the estate of a decedent. The estate must be probated for legal title to pass to the heirs. You should contact the attorney who is handling the estate or consult with a probate attorney if an estate has not been filed with the probate court.
What constitutes title?
Title is the legal relationship between a person and their property. Having title to property means having ownership which stands against the right of anyone else to claim it. Title to real property is evidenced by a deed, inheritance from a probated estate or by a court order. The person who has title to property has the right to possess, control, and dispose of it. If that person dies while owning property, title will pass to her heirs by Will and/or according to the laws of intestacy.Title is the legal relationship between a person and their property. Having title to property means having ownership which stands against the right of anyone else to claim it. Title to real property is evidenced by a deed, inheritance from a probated estate or by a court order. The person who has title to property has the right to possess, control, and dispose of it. If that person dies while owning property, title will pass to her heirs by Will and/or according to the laws of intestacy.Title is the legal relationship between a person and their property. Having title to property means having ownership which stands against the right of anyone else to claim it. Title to real property is evidenced by a deed, inheritance from a probated estate or by a court order. The person who has title to property has the right to possess, control, and dispose of it. If that person dies while owning property, title will pass to her heirs by Will and/or according to the laws of intestacy.Title is the legal relationship between a person and their property. Having title to property means having ownership which stands against the right of anyone else to claim it. Title to real property is evidenced by a deed, inheritance from a probated estate or by a court order. The person who has title to property has the right to possess, control, and dispose of it. If that person dies while owning property, title will pass to her heirs by Will and/or according to the laws of intestacy.
Can a property from probate estate be rented out indefinitely?
The estate must be probated in order for legal title to the property to pass to the heirs. The property cannot be insured until there is a legal owner. You have no right to enter into a rental agreement unless you are the legal owner. Any contract you sign would be void and further, it would be fraudulent. The tenant has the right to know who the legal owner of the property is. Property from a probate estate cannot be rented out indefinitely. Property that is in a probate estate is within the sole possession and control of the executor but only until administration of the estate is completed. The executor is obligated to administer the estate promptly then distribute the property to the rightful beneficiaries. Since only the executor may rent out property that is in the estate and since the executor's authority over the property is only temporary, it goes without saying that an executor may not rent estate property out for an indefinite period of time.
Does title to real estate pass when a valid deed is signed and recorded?
Title to real property passes upon the death of the owner. However, the estate must be probated in order for legal title to pass to the heirs whether the decedent left a will or not. Title to real estate is also transferred when the owner executes a deed and delivers the deed to the new owner. The deed must be recorded in the land records.
