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Can a life estate be granted to a son when the title to the property will be conveyed to that son and the other three children at the same time?
No. You should not convey a life estate and the fee to the same person in the same deed without expert advice. It sounds as though you have a special need in mind. You should consult with an attorney who can review your situation and explain your options. An attorney should always be consulted when you need to perform complex maneuvers with the title to real estate. Errors made by non-professionals can be very costly to correct.
What else can I help you with?
In a life estate does the owner of real property still own the property if he has quit claimed the property to the remaindermen?
No. If the person who owned the land granted a life estate and conveyed the fee to the remaindermen then that person has transferred all her interest in the property. She no longer owns it.
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.
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.
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.
What is the priority between a deed of gift and a devise in a will?
If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.
Can a life estate be challenged?
A life estate is granted by the owner of the property. You have no right to challenge their right to control their own property.
What are my rights as a secondary heir in my father's estate if his real estate goes into foreclosure?
The banks claim is superior to yours because your father conveyed the property to the bank when he granted the mortgage. You would be entitled to any surplus after the bank deducts its debt, costs and expenses of foreclosure.
Can you get a reverse mortgage on property with your life use deed?
I will assume you conveyed your property to a family member and reserved a life estate in that deed. You may be able to obtain a reverse mortgage but the new owners of the property will need to sign their consent to the mortgage. In my area of Massachusetts the banks are granting reverse mortgages to seniors who retained life estates when they conveyed their real property to their children as long as the children join in signing the mortgage.
If my daughter dies before me what happens to the life estate I made?
I will assume that you conveyed your real property to your daughter and reserved a life estate in that property. In that case, your daughter is the owner of the property. She can leave it to someone in her will or it will pass to her heirs-at-law under the laws of intestacy in your state. Generally, if she is married with children, her husband and children will inherit the property if she has no will. You can check your state laws of intestacy at the related question link provided below. Your daughter's death will not affect your life estate. Whoever would inherit her property upon her death either by will or by intestacy would inherit it subject to your life estate.
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.
Can a property deed be protested based on a will?
No. If an owner conveyed property prior to their death then the property cannot become part of their estate. You can only give what you own. The property is gone and someone else owns it.
Can an executor borrow money to pay a debt of the estate until the property of the estate is sold?
Generally, the executor must petition for a license from the court to mortgage the property unless that power was granted in the will.
