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Life estate deeds with full power allow the grantor of the life estate the choice to change the deed, reclaim all rights to their home, or sell or mortgage the property. They do not need the consent of the remaining beneficiaries to do so. They can revoke the life estate for any reason they choose. Maryland Life Estate Deeds - Jeff Rogyom, Attorney at Law Rogyom Law ? life-estate-deed-maryland Rogyom Law ? life-estate-deed-maryland
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 "Lady Bird deed" (also known as an enhanced life estate deed) is a way to transfer property to someone else outside of probate while retaining a life estate in the property. In Maryland, there are two options for this type of life estate deed. Life Estate Deed With Powers. What is a Lady Bird Deed? - Stouffer Legal stoufferlegal.com ? blog ? what-is-a-lady-bi... stoufferlegal.com ? blog ? what-is-a-lady-bi...
Generally, the deed trumps the will. Only property titled solely in the name of the decedent is governed by the will. So if the property is titled only in the decedent's name then you look to the will to determine who rightfully owns the property. Frequently Asked Questions ? Deeds | The Maryland People's Law Library peoples-law.org ? frequently-asked-question... peoples-law.org ? frequently-asked-question...
The life tenant cannot leave the property to his or her heirs. Instead, after the life tenant's death, the property goes to the remainderman. The remainderman (or remaindermen) is the person (or people) with the right to take possession of the property after the death of the life tenant. Life Estates | The Maryland People's Law Library People's Law Library ? life-estates People's Law Library ? life-estates