Georgia Life Estate Deed Form For Georgia
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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.
One way to get around the requirement for the remainderman's approval is to use a testamentary power of appointment. This is a clause in a will that allows the life tenant to change the person to whom the property will be bequeathed after death. Invoking a power of appointment won't make the life estate invalid.
The Supreme Court of Georgia has consistently held that it is the unauthorized practice of law for someone other than a duly-licensed Georgia attorney to close a real estate transaction or to prepare or facilitate the execution of such deed(s) for the benefit of a seller, borrower, or lender.
A life estate deed is a legal document that changes the ownership of a property while allowing you to live there until death. It might be useful for those wanting to avoid the probate process in Georgia, ensure the future ownership of their property, or even qualify for Medicaid.
If you do sell the property, the remainderman has the right to ask for part of the proceeds. A special type of life estate must be created in order to get around this. You'll need to create a life estate deed with the help of an attorney and the person you intend to be your remainderman.