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A life estate expires when the life tenant dies. A life tenant doesn't own the property, it doesn't become part of their estate and therefore they cannot leave it to their heirs in their will. When a life estate is set up in a deed or will there is also a 'remainderman' who will own the property when the life tenant dies.

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15y ago

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Can a judgment in California be used against willed property?

Only insofar as the judgment can be levied against the estate of the deceased. Since it can be assumed that the willed property was part of the estate's assets then it can be liened if there are insufficient other funds in the estate's assets to satisfy the judgment.


What if a house is willed to 2 people and not included in the estate do both have the same rights?

In order for something to be willed to someone, it has to be in the estate. Both individuals will have equal rights to the property as tenants in common.


Person dies while owning property as Tenants in Common with 4 others Deceased's portion is willed to children subject to Life Estate to his wife Can this be done?

Yes. And what a mess it would be.


Parents willed estate to surviving children does this exclude deceased children?

If the exact wording is "to my surving children", then all other children who predeceased the testator or out.


Is there a difference between estate being willed to you or inheritance?

No. Property that you receive by a will IS an inheritance. Property received from a relative under the laws of intestacy when there was no will is also an inheritance.


If you are one of four beneficiaries of a willed property can you sell your share of the estate to a lender?

Unless the title transfer had restrictions on it, such as a survivorship clause, yes, it can be sold.


Can you transfer a property that is willed to you in NY State without putting property in your name?

You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.


Is it legal for a parent to sell property that was willed and bequeathed to his minor children from their grandpa and then keep the proceeds without giving the money to the named children?

In short, no. Consult an attorney.


Does a Beneficiary have the right to enter a willed home?

Not until authorized to do so by the executor. The property belongs to the estate and the executor must protect the property.


Is it legal to sell willed estate without 2 of the heirs signing in New Jersey?

No. All heirs to an estate must sign for a valid transfer of the property. If the Heirs are missing there will be a method by which a court can appoint someone to sign for the lost or missing heirs.


What rights to the adult children have when it comes to property purchase by the children but willed to a friend?

That will depend on the names on the property deed or registration. If we are talking about gifts of electronics or other items, there is none. If it is a piece of real property (land or house), the deed will control. If the only name on the deed is that of the deceased, the adult children have no say and the deceased can do what they wish with it.


Can a personal loan between sister be willed to someone else?

A personal loan is an asset to the estate. As such it can be willed to someone else if there is proper documentation of the loan.