Deed Reserving Life Estate With Condition Subsequent

State:
Oklahoma
Control #:
OK-021-77
Format:
Word; 
Rich Text
Instant download

Description

The Deed Reserving Life Estate with Condition Subsequent is a legal document used primarily in Oklahoma to transfer ownership of property while reserving a life estate for the grantors. This means that the grantors can continue to live on and use the property for the duration of their lives, even after transferring title to the grantee. It includes key features such as identifying the grantors and grantees, specifying the conditions of the life estate, and outlines the handling of any mineral rights. The form allows users to enter information through computer-generated fields or manually, ensuring flexibility in its completion. Attorneys, partners, owners, associates, paralegals, and legal assistants must pay close attention to the specific instructions concerning the filling process, such as ensuring both spouses join in the conveyance if the property is part of the homestead. This deed is particularly useful in estate planning, allowing families to transfer property while preserving the living rights of existing owners. Potential use cases include transferring family homes to children while ensuring parents maintain their residence without the threat of relinquishing their living rights unexpectedly.
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How to fill out Oklahoma 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.

Duties Of A Life Tenant While in possession of the land, a life tenant owes the following duties to future interest holders: The duty to pay ordinary taxes on the land and interest on a mortgage: A life tenant has a duty to pay taxes to the extent the property produces income.

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.

An example of a life estate with Jane Smith as the remainderman is "to John Smith for life, then to Jane Smith." Jane Smith is the remainderman in this example because she is the person inheriting title to the property following the death of John Smith.

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.

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Deed Reserving Life Estate With Condition Subsequent