The life estate normally gives the individual the rights to all the benefits of the land until their death. That would include any bonuses or other income generated by the property.
The remainderman has full vested rights in the property.
You can have the tenant quit claim their rights to the property. Or sell the life estate to the remainderman.
If the individual has died, the life estate has ended. At that point the rights to the property have ended and belong to the remainderman.
A life estate can be dissolved by the life tenant voluntarily surrendering their rights, or through a legal action by the remainderman to terminate the life estate. Dissolution can also occur through mutual agreement between the life tenant and the remainderman, or if the terms of the life estate end naturally, such as upon the death of the life tenant.
This question has to vague to answer appropriately, I need more details. The state the property is situated in is relevant as well. The mineral rights would generally be held in the deceased estate. The heirs are entitled to their ownership and depending on the situation, this can be down without probate. You can ask me more specifically at louisianaenergy.ning.com if you need more information.
The life estate expires when the life estate owner does and the mineral rights revert to the property owners in fee.
A life estate gives the spouse the right to possess and use the property during their lifetime. The spouse has limited rights to alter the property or pass it on in their will, as the ownership reverts to the remainderman upon their death. The remainderman has a future interest in the property and will gain full ownership upon the spouse's death.
Yes, a person who inherits a living estate can be named on the deed. When a living estate is created, the grantor retains certain rights while transferring ownership to another party, typically the remainderman. If the remainderman inherits the living estate after the grantor's death, they would generally need to be formally added to the deed through a legal process. This ensures their ownership rights are recognized and documented.
The remainderman can sell their interest as a remainderman in the property subject to the life estate. The life tenant has the right to the use and possession of the property for life.
If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.
They can only sell their rights to the property. Which only last as long as they live. No one would accept a mortgage on a life estate.
You need to consult with an attorney who specializes in property law and probate law who can research and document your father's mineral rights and then probate his estate to make certain those rights pass to you legally.