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The life estate is typically attached to the real property (the land/house) only. The goods in the house are distributed according to the will and normally, the expectation is that the person receiving the life estate has the goods in the house already. Example, mom gets a life estate in the house after dad dies. Mom inherits everything in the house from her husband and can do what she wishes with it, including sell it, unless the will specifies otherwise.
Generally, yes.
In NC if the life estate person moves out does that break the life estate so the remainder of the owners can sell the the house and land
Generally a life estate entitles the beneficiary to all property rights except the right to sell or otherwise transfer the fee in the property. It cannot be defeated by the conveyance of the property. If the house was sold the buyer would acquire it subject to the life estate. If the life estate holder desires to relinquish the life estate in order to sell the property then she/he may join in the deed of conveyance and the life estate will end.
A freehold estate is a right of title characterized by two features: it is an interest in land and the interest is not of a fixed duration.In the United States a life estate is a freehold estatealthough the ownership is of a limited duration. That duration can be measured by the life of the life tenant or of another person. When the measured life ends the life estate expires.A life estate in England and Wales does not create a freehold estate.
If your mother granted her husband a life estate in her will the language of the grant would need to be examined for any limitations. If there was no provision made for the life estate to expire upon his remarriage then it lasts for the duration of his life.
In Texas, the suriving spouse has a life estate and does not have to sell.
An executor cannot sell the life estate. If the sister was given a life estate she has the right to the use and possession of the property for life. The property cannot be sold without her written consent.
If your name is on the deed, no. A life estate would serve no purpose as long as they can't sell it without your approval.
no
Many people think an estate only has something to do with the death of a person. But your estate is the sum and total of everything you own at any given point in your life, from the clothes on your back, to the money in your pocket, to a car, a house, your investments, etc. During your lifetime, you can deal with any part of your estate yourself. But after the death of someone, that person's estate has to be dealt with according to the terms of the person's will or, if there is no will, by the law relating to the distribution of estates.
You need to draft a release of the life estate and ask your mother to sign it. Only she can release the life estate to clear the title.