This form is a warranty deed from parent(s) to child with a reservation of a life estate in the parent(s). The form allows the grantor(s) to convey property to the grantee, while maintaining an interest in the property during the lifetime of the grantor(s).
Life Estate Deed Form Massachusetts For Sale
Category:
State:
Massachusetts
Control #:
MA-021-77
Format:
Word;
Rich Text
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How to fill out Massachusetts Warranty Deed To Child Reserving A Life Estate In The Parents?
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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.
The life estate ends at the death of the life tenant (or at the death of the last survivor of the life tenants if there is more than one). At that point, the so-called ?remaindermen? take over both full ownership and the right to occupy and control the property.
Is a Remainderman a Beneficiary? Yes. A remainderman is considered the beneficiary of a life estate and stands to inherit any remaining property after the life tenant's death.
When the life tenant dies, the remainderman typically receives a step-up tax basis in the property. This means the remainderman takes ownership of the home at its fair market value at the time of the life tenant's death. This can save the remainderman capital gains tax when the property is sold.
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.