As long as they are alive.
Do you have the option of letting it revert to the person or entity who will own it when the life estate would end?
You can have the tenant quit claim their rights to the property. Or sell the life estate to the remainderman.
No....If the home was in a irrevocable or trust life estate and that person died or in the case of the irrevocable trust there still alive and your the benaficairy the trustee can keep you out, but eventually depending on what the terms of the estate are turn the trust or estate over to you. Seek the advice of a probate attorney.
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
A life estate is a right in real property based on the life of a person. It allows that person the use of the property for their lifetime.
When a life tenant dies the life estate is extinguished. A death certificate should be recorded in the land records.
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.
A life estate is based on a specific person's life. If they are not named in the life estate, they have no interest. They can claim the right to use the life estate as long as the individual is still living.
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.
Yes. If the life estate holder has been moved to a nursing home and you think it's a permanent move then you can take charge of the property in order to prevent loss or damage. You are the fee owner. If it's a temporary move you can still take charge of the property during the nursing home stay. The property can't be mortgaged or sold as long as the life estate holder is living without their consent.
Generally, yes.
A life estate is a right in property. Rights in property don't go away. The name on the life estate is the person that retains the rights to the life estate.