No. An owner of property can grant a life estate at any time to any person of their choosing.
No. An owner of property can grant a life estate at any time to any person of their choosing.
No. An owner of property can grant a life estate at any time to any person of their choosing.
No. An owner of property can grant a life estate at any time to any person of their choosing.
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.
You do not have to occupy the property. You can lease it to someone else if you wish.
The fire would not affect the life estate which is a right to the real property. However, whether the property will be habitable again depends on whether the dwelling was insured. If it is rebuilt the life tenant has the right to occupy for the duration of their natural life. Responsibilities regarding insurance may be governed by state law and by any life estate agreement. You should consult with an attorney who can review your situation.
No, you do not need to live in the house to have a lifetime estate, but you typically retain the right to live in the house if you choose to do so. A lifetime estate grants you the right to use and enjoy the property during your lifetime.
Legally, they cannot live in the house without the consent of the executor of the estate.
The parent has retained a life estate in the property.
To answer this question there are many other factors that need to be given. sample: Is the paid off, are there others on the listed estate or is it given to her.
A will is a legal document that outlines how a person's assets are to be distributed after their death, while a life estate grants someone the right to use and enjoy a property during their lifetime. In a life estate, the individual has the right to live in the property or receive income from it, but ownership reverts to another party upon their death.
They can live in the home if it is to the best interests of the estate. They need to pay the appropriate rent in the process.
It depends on who gets the property after her life estate terminates. If the property was deeded to the children with life estate reserved for mom, then all she would need to do is transfer the life estate to the children as well. However, a life estate can also mean the property reverts to some other ownership, say, a charity or some other relatives. If the person who granted the deed with the life estate is still alive, perhaps a new deed can be created that will supersede the earlier one. Ask your real estate lawyer.
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.
No. However, you continue with your life estate. Whoever purchases the home is essentially betting on you dying early because the house is sold subject to your life interest. You can convey your life interest to someone else if you want to make some money off of the property, but once again this interest would probably not capture alot--as they would be purchasing an interest in the property subject to the length that you live. After which the property reverts back to whomever your boyfriend assigned the remainder interest to.