This answer posted is wrong when it states: "it means giving a power to the trustee in the will , so trustee can sell , collect money of property and so on , depends on the powers mentioned under this section" In fact, the gift of a life estate when set out in a Will means that the person receiving the gift (usually the right to live in the family home), can use the home and live in it for the remainder of his or her life. Upon their death, the property typically goes back into the original estate, to be distributed or sold, as directed in the original will. The person receiving the gift can neither sell the property or re-gift it under his or her own will, he or she can simply live in the property for the remainder of his or her life.
William decided to bequeath his coin collection to his favorite nephew.
"He decided to bequeath all his worldly belongings to his favorite nephew when he died."
My dad bequeathed his car to my older sibling by his Last Will.
No, a grantee of a life estate cannot serve an eviction notice to the holder of the remainder interest because they do not own the property in full. The holder of the remainder interest has a legal right to inherit the property after the life estate ends.
This clause of a will only directs that an estate be divided equally, you would not be able to tell who was responsible for funeral costs, however, the executor of the estate would be responsible as they are appointed to deal with the deceased's estate, which includes their debts, which the costs of the deceased's funeral is one of the first and foremost debts to be recognised.
when partys are divorced and dee in both names left to survor but last will and testament says residuary estate is devise and bequeath to mother does the property get divided
No. Generally, a gift from an estate can be disclaimed. You should consult with the attorney who is handling the estate. Since the devise includes real property there may be documents that you must sign surrendering your interest in order to clear the title.No. Generally, a gift from an estate can be disclaimed. You should consult with the attorney who is handling the estate. Since the devise includes real property there may be documents that you must sign surrendering your interest in order to clear the title.No. Generally, a gift from an estate can be disclaimed. You should consult with the attorney who is handling the estate. Since the devise includes real property there may be documents that you must sign surrendering your interest in order to clear the title.No. Generally, a gift from an estate can be disclaimed. You should consult with the attorney who is handling the estate. Since the devise includes real property there may be documents that you must sign surrendering your interest in order to clear the title.
William decided to bequeath his coin collection to his favorite nephew.
"He decided to bequeath all his worldly belongings to his favorite nephew when he died."
This is the doctrine in Property Law that a landholder whether he be the owner of an interest in a freehold or non freehold estate can only transfer the interest that he has. For example, if a landowner owns an interest in fee simple absolute, he can devise, transfer (or his heirs will inherit) his entire estate. On the other hand, if he were to transfer a lesser quantum than his interest in fee simple, for example a life estate, then he would maintain the reversionary interest at the natural termination of that estate.
No. A life estate includes the right the use and possession of the property for life. Only the fee owner can sell the property or rights therein.
There is no law that tells you who you have to leave your estate to. That is entirely up to you. If you do not have a will, the law will protect all of the descendants equally.
My dad bequeathed his car to my older sibling by his Last Will.
Interest in real estate is conveyed by a deed.
legacy, heritage, gift, estate, devise, birthright, bequest
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, you cannot bequeath something in your will that you no longer possess at the time of your death. A will can only distribute assets that are part of your estate at that time. If you have sold, given away, or otherwise disposed of an item, it cannot be included in your will. However, you can specify a replacement or similar item if you plan to acquire something new before your passing.