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Is Joint Tenant the same as right of survivorship?
Generally a joint tenant has a right of survivorship in the property. That means if the other joint tenant dies their interest in the real estate passes automatically to the surviving joint tenant with no need of probate.Generally a joint tenant has a right of survivorship in the property. That means if the other joint tenant dies their interest in the real estate passes automatically to the surviving joint tenant with no need of probate.Generally a joint tenant has a right of survivorship in the property. That means if the other joint tenant dies their interest in the real estate passes automatically to the surviving joint tenant with no need of probate.Generally a joint tenant has a right of survivorship in the property. That means if the other joint tenant dies their interest in the real estate passes automatically to the surviving joint tenant with no need of probate.
Does the executor of a will have to live in the same state as the testator?
No, the executor of a will does not have to live in the same state as the testator. However, it can sometimes be beneficial for the executor to be located near the testator’s assets or have knowledge of local laws.
Does an accurate description and legal description of land mean the same thing?
No, they are not the same. An accurate description of land typically refers to a general description of the property's location and boundaries, while a legal description is a precise and detailed description typically found in a deed or other official documents that uniquely identifies the property in accordance with surveying standards.
Is an executor of a will in Queensland a Trustee?
Yes, an executor of a will in Queensland is also considered a trustee. The executor's role includes managing the deceased's estate and distributing assets to the beneficiaries in accordance with the terms of the will, which involves acting in a fiduciary capacity similar to that of a trustee.
Can a Declaration of Trust Document be used in lieu of a Last Will and Testament if no Will exists?
An individual could transfer all her property to a trust so that she owns nothing at the time of death. However, property might be missed or property may come into the estate as a result of the death. A person who has a trust should also have a will. Estate planning is a complicated process that requires expert advice. You should arrange a consultation with an attorney who specializes in estate planning and tax law who can review your situation and explain your options.
Is life use and life estate the same?
No, life use and life estate are not the same. A life use is the right to use property for a specific purpose, while a life estate is an ownership interest in property that lasts for the life of the individual. Life use rights do not grant ownership of the property, whereas a life estate includes ownership rights during the individual's lifetime.
You co-signed on your sons mortgage you have your own property in a life estate can your sons mortgage company have any rights to your property that is in the life estate?
If the property in which you have a life estate is a separate and distinct property from the property your son mortgaged (and you co-signed) then the lender has no rights in your life estate property. If the property your son mortgaged is the same property in which you have a life estate then if he defaults on the mortgage and the lender takes possession you will also your life interest in the property since you also signed the mortgage.
How does a life estate deed supersede a will?
If a person was granted a life estate in property and then the owner dies, the property remains subject to the life estate. Even if the decedent leaves the property to a different beneficiary in the will, the property passes subject to the life estate.
Is there a way to calculate two life estates granted in the same will?
A life estate is measured based on the life of the benificiary and is applied to whatever property they got the grant in. If two people are given a life estate in the same piece of property, it will be measured on the life of the longest living one. You could have any number of people given a life estate in a trust or property.
Can the life tenant release the life estate?
A life estate is not a fee interest and a bank will not loan money on real property unless it can take the property by foreclosure in the case of a default. The fee owners (or remaindermen) would need to consent to the mortgage. The exception is the "enhanced life estate" available in Florida and few other states whereby the life estate holder has the power to sell and mortgage the property during their life.
What happens when a property is conveyed by deed to the holder of a life estate?
The "life tenants" can reside on the property for their lifetime. They are responsible for taxes, maintenance and any improvements they choose to make and are required to keep the property maintained in at least the same condition as when it was awarded. They cannot rent, lease, sell or transfer the property. Nor is the property subject to creditor attachment by the debts belonging to the "life tenants". Upon the death of the "life tenants" the property reverts to those named as the "remainder men".
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.
How is property and mass the same thing?
Mass is a property of matter but mass is not the only property of matter. Mass and property do not mean the same thing any more than Ford and car mean the same thing.
Can a remainder interest owner be held responsible for paying a mortgage?
If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.
If a property is in a life estate are you still able to sell it?
You cannot sell property free and clear of a life estate unless the life tenant consents to the sale and releases their life estate. Otherwise, the buyer would take the property subject to the life estate.
How is title on property conveyed after the death of the grantor in a life estate deed?
I will assume that the 'grantor' conveyed property to you and reserved a life estate. If that life tenant has died their life estate is extinguished. You need to record a Death Certificate in the land records to show proof of their death. You are now the fee owner and the property is free and clear of the life estate. You can convey the property by any type of deed listing you as the grantor. You could add a statement at the end of the deed stating that the life tenant (name) died on (date) and a Death Certificate is recorded in (recording reference). You could also attach a Death certificate to the deed of conveyance and record both at the same time.
What is concurrent real estate?
A concurrent estate is property that is owned by more than one person at the same time.
