Life Estate Grant For Surviving Spouse
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FAQ
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.
What are the pros and cons of life estates? Avoid probate. Possible tax breaks for the life tenant. Reduced capital gains taxes for remainderman after death of life tenant. Capital gains taxes for remainderman if property sold while life tenant still alive. Remainderman's financial problems can affect the life tenant.
Generally speaking, the writing used will take the form of the following language: ?I, Party A, convey my real property to Party B, for life.? This writing is usually contained within a deed or a will. It is important to note that the exact language requirements for creating a life estate may differ between states.
A reversion is that portion of a fee estate that continues in the grantor after the grantor has conveyed a life estate. For example, when A conveys a life estate to B, the portion of the fee estate remaining in A is a reversion. When B's life estate ends, the right to ownership and possession will revert to A.
Dower & Curtesy Defined At common law, the estate of dower is held by a widow upon her husband's death and consists of a life estate of one-third to one-half of the land owned by her husband if he held a freehold interest in the land (e.g., a fee simple) and the land is inheritable by the issue of the marriage.