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What are the essential features of freehold estate in fee simple?
The essential features of an estate in fee simple are that you can transfer the property by deed during your life and leave it to your heirs after your death. It is absolute ownership.
How does a person acquire a fee simple ownership of real property?
Fee simple absolute is the way we describe the complete and total ownership of real property. The owner in fee simple absolute has the right to full possession and control of the land (unless the land is subject to a life estate). The property will pass to the owner's heirs upon death or the owner can convey the property during their lifetime. Generally the conveyance of real estate by a deed conveys fee simple absolute in those jurisdictions that allow the private ownership of land. Generally, when we speak of "fee simple" we are referring to fee simple absolute. The owner of the fee simple can grant a life estate to another. A person acquires a fee simple ownership of land by deed from the present fee simple owner of the land.
What is fee simple feasible?
Fee simple absolute is the complete and total ownership of real property. The owner in fee simple absolute has the right to full possession and control of the property and the property will pass to the owner's heirs upon death. Generally the conveyance of real estate by a deed conveys fee simple absolute. The word feasible is not part of the term.
Does a will from 1995 nameing uncle executor over estate override deed recorded at court house 1997 when ex husband dies me and two children on deed?
No. The deed will rule and the will shall have to adjusted accordingly.
Does a property deed override a will in new york?
A deed to a property specifies who owns the property. If the property belonged to someone who has died then the property (and the deed to it) become part of the dead persons estate. What happens to the estate is determined by the dead persons will. In view of this it is unclear what you mean by a property deed overriding a will - your question makes little sense.
Can you have a fee simple deed and a life estate clause on the same deed with 8 different heirs?
Yes. You could have a deed drafted that conveys your property to eight children while reserving a life estate for yourself.
What is undivided fee simple interest?
Fee simple absolute is the way we describe the complete and total ownership of real property. The owner in fee simple absolute has the right to full possession and control of the property and the property will pass to the owner's heirs upon death according to the terms of their will or according to the laws of intestacy if there is no will. Generally the conveyance of real estate by a deed conveys fee simple absolute. Generally, when we speak of "fee simple" we are referring to fee simple absolute. An undivided interest in property means that two or more persons own the real estate and each has the right to the use and possession of the entire property even if they own only a one-half undivided interest. Each has a 50% interest in the fee.
Does the name on the deed override the will?
when partys are divorced and dee in both names left to survor but last will and testament says residuary estate is devise and bequeath to mother does the property get divided
Does a Grant deed override a Living Trust in California?
In the state of California, a Living Trust will override a grant deed. You should speak to a lawyer to draw one up.
How can you get a deed for a house if the owners dead?
The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.
Can life estate go to a person whose name is not on deed?
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.
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.
