Life Estate Deed In Maryland
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FAQ
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.
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.
If you own real estate in Maryland, it is important to consider and make informed decisions about these types of assets. A life estate deed can be a valuable tool to help you legally pass your real property assets to your heirs and avoid the probate process, while also preserving tax benefits.
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.
In Maryland, real estate can be transferred via a TOD deed, also known as a beneficiary deed. This deed allows a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.