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A life estate helps avoid the probate process upon the life tenant's death. The property will automatically transfer to the remainderman, making the process simple and easy ? a will isn't needed for the transfer to happen.
Can I prepare my own deed and have it recorded? North Carolina law allows you to prepare a Deed of Conveyance for any real property to which you have legal title. However, the conveyance of real property is a legal matter that should be given under and with the advise of legal counsel.
The deed must contain, at minimum, an identification of the grantor and grantee, consideration (usually the amount of money paid) and a legal description of the real estate. It may refer to the real estate by lot number as shown on a recorded plat or by a lengthy metes and bounds description prepared by a surveyor.
Life Estates are simple and inexpensive to establish; merely requiring that a new Deed be recorded. Life Estates avoid probate; the property automatically transfers to your heirs upon the death of the last surviving Life Tenant. Transferring title following your death is a simple, quick process.
Life Estate Deed to Avoid MERP in North Carolina You can work with an estate planning attorney to set life estate deeds up and avoid paying MERP by conveying 1% of the home to an adult child. However, this deed must include the owner designation JTWROS or ?joint tenants with a right of survivorship.?