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The person who is receiving the life estate must be listed as grantee in the deed along with the clear intention that only a life estate is granted. The deed should be drafted by a professional who can discuss the consequences and responsibilities associated with granting a life estate.
Wiki User
∙ 7y ago
Wiki User
∙ 8y agoThe life estate can be filed regardless of the deed. As long as the person granting the life estate is on the deed it should be good.
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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.
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.
How can you reverse a life estate deed back to parents?
You can release a life estate by a deed of release that must be recorded in the land records. The life tenant would grant a their interest back to the person who originally granted the life estate to them.
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.
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.
What happen if you have life use of home and person on deed file bankrupt?
It does not affect your life estate. But the title to the property can be sold or transferred, subject to the life estate.
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.
Can power of attorney release a life estate deed deeded to a son?
Not once it has been deeded. Only the person granted the life estate can release it.
Can a new deed be issued on a life estate because the life tenant is no longer able bodied to live in the house anymore?
No. Deeds are not "issued". Once a life estate is granted by deed the grantee is the only person who can release it unless there was language in the original grant that limited it. You need to get a deed from the owner of the life estate in order to clear the title to the property. Otherwise, the life estate will not be extinguished until their death.
If a person with a life estate quit claims the property to someone else are they giving up their life estate?
Yes. A person who signs a quitclaim deed relinquishes all rights they have in that property.
Can a life estate deed name two grantees?
Yes, & upon the death of the person reserving a life estate, the property will be owned by both of the 2 Grantees
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.
