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You have asked an interesting question. If a person (A) was granted a life estate by deed and there was no remainder interests mentioned in that deed then the fee remains with the owner (B) who granted the life estate. When B dies the property will become part of their estate and will remain subject to the life estate.
What else can I help you with?
Does the life estate prohibit the land from going through probate process?
No, the life estate does not prevent it from going through probate. The probate process lays out the deed as to who is the remainder man for the 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.
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.
Is there a way to dissolve a life estate by using a quitclaim deed?
Yes. The person who owns the life estate can execute a quitclaim deed to the fee owner that releases all of their right, title and interest in the property. A statement can be added to the deed stating that the purpose of the deed is to extinguish the life estate. Once that release deed has been recorded the property will be free of the life estate.
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.
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.
Life estate voided?
Only by the death of the life estate holder or by their release of the life estate by deed to the fee owners.
Can a life estate be undone?
The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.
How do you sever a life estate in Florida?
A life estate is extinguished by the death of the life tenant or by the life tenant executing a deed of release of the life estate.
How can you reverse a life estate deed back to parents?
You can release a life estate by a deed of release that must be recorded in the land records. The life tenant would grant a their interest back to the person who originally granted the life estate to them.
What is a bare life estate?
Can the remainder of a bare life estate transfers their remainder interest to another person while the life tenant is still alive.
What does it means when a deed says for life with remainder to?
When a deed says, "For life with remainder to..." it is describing a life estate. That means the grantor is either granting or reserving a life estate in the property for one person(s), i.e., the right to the use and possession of the property for life, and when they die another person(s) will own the property in fee free and clear of the life estate. That second interest is called the remainder interest. The remainders own the fee in the property during the life estate but cannot take possession of the property until the life tenant has died or released their interest in the property. A life estate can also be set forth in a will. Suppose a man's first wife died, the ownership of their home automatically passed to him and they have two sons. He married a widow with two daughters. He made arrangements in his will that his second wife would have the right to live in the home for the duration of her natural life and upon her death the property would pass to his sons free and clear of the life estate. The sons would be the owners of the remainder interest in fee.
