what is the difference between a life lease and a life estate
It would depend on the type of life estate. In most cases, they would be able to sign a lease for the length of their life. However, in most states the remaindermen would also need to sign. It is common practice for oil companies to ask the remaindermen to ratify a lease signed by a life tenant. You should consult with an attorney who specializes in that area of law.
LIC
A home that is subject to a life estate cannot be sold without the written consent of the life estate holder.
Generally a life estate entitles the beneficiary to all property rights except the right to sell or otherwise transfer the fee in the property. It cannot be defeated by the conveyance of the property. If the house was sold the buyer would acquire it subject to the life estate. If the life estate holder desires to relinquish the life estate in order to sell the property then she/he may join in the deed of conveyance and the life estate will end.
Ownership in fee simple is the highest form of real property ownership.
Yes, a life estate can be leased out. It is still subject to the life of the person it was granted to. So that reduces the value unless the remainderman also agrees to the lease.
Yes, if the life tenant was the individual who executed the lease.
You do not have to occupy the property. You can lease it to someone else if you wish.
Capital lease is that lease in which assets are acquired for substantial useful life of asset for use in business. Sale type lease is that in which discounted cash flow for miminum lease payment is higher than value of leased asset and only relevant to lessor.
It would depend on the type of life estate. In most cases, they would be able to sign a lease for the length of their life. However, in most states the remaindermen would also need to sign. It is common practice for oil companies to ask the remaindermen to ratify a lease signed by a life tenant. You should consult with an attorney who specializes in that area of law.
A will is a legal document that outlines how a person's assets are to be distributed after their death, while a life estate grants someone the right to use and enjoy a property during their lifetime. In a life estate, the individual has the right to live in the property or receive income from it, but ownership reverts to another party upon their death.
That could be a life estate, easement or lease.
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.
Depending on the state laws. Ohio is NO. Unless written into the lease as a clause clearly indicating the loss of life factor, then the end of the life is the end of the lease. The use cannot continue once the original lease holder dies. This is not necessarily true for property leased for a business. The business assets may be required for lease fulfillment then but NOT for lease of residential.
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.
That is not a common term. It could mean without the power to sell. Some states, such as Florida, have something called an enhanced life estate under which the life tenant has the power to sell the property during their life time.
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