This form is a Grant Deed with a retained Enhanced Life Estate where the Grantor is an individual and the Grantees are two individuals or husband and wife. Grantor conveys the property to Grantees subject to an enhanced retained life estate. The Grantor retains the right to sell, encumber, mortgage or otherwise impair the interest Grantees might receive in the future, without joinder or notice to Grantee, with the exception of the right to transfer the property by will. Grantees are required to survive the Grantor in order to receive an interest in the real property. This deed complies with all state statutory laws.
Life Estate Deed Form California With Powers
State:
California
Control #:
CA-02-83
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out California Enhanced Life Estate Or Lady Bird Grant Deed From Individual To Two Individuals Or Husband And Wife?
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FAQ
How to Create a California Life Estate Consult an estate planning attorney to explore whether a life estate is right for you. If you decide that a life estate is appropriate, hire the attorney to draft a life estate deed for you and record it in the county where the property is located; or,
An additional potential problem with a Life Estate is that it does not offer creditor protection to the beneficiary, so if the heir has a debt or is sued, the creditor or court can come after the house. As you can see, a traditional Life Estate has the potential to create major conflict within a family.
A life tenant does not have complete control over the property because they do not own the whole bundle of rights. The life tenant cannot sell, mortgage or in any way transfer or encumber the property. If either party wants to sell the property, both the life tenant and remainderman must agree.
There is no simple way to reverse a life estate because a life estate deed is a legal transfer of the title of a property. This is legally binding and the transaction is complete when the life estate is executed. Essentially, in order to reverse a life estate both parties would need to agree to make it happen.