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A life estate is a right to live in the property until your death. When you pass away, the real property passes to your beneficiaries designated in the lady bird deed, called the remaindermen.
Life estate interests can be created by deed, by conveyance through last will and testament or as we commonly see as the default distribution of homestead to a spouse who is not on title and choses not to elect to take a one-half ownership interest in Property within six months from the date of death of their spouse.
The person holding the life estate ? the life tenant ? possesses the property during his or her life. The other owner ? the remainderman ? has a current ownership interest but cannot take possession until the death of the life estate holder.
A Florida Enhanced Life Estate Deed can help avoid probate, speed up the transfer of a property upon death, maintain the ability to use the fair market value of the property at the time of death as a cost basis (lowers income taxes upon sale), and maintain Medicaid eligibility.
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.?