Vacant Real Property For Life
Description
How to fill out Option To Purchase Vacant Real Property?
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FAQ
What are examples of real property? Real property may include land, homes, detached garages, patios, swimming pools, or other permanent structures. Crops and other natural resources that are attached to a piece of land are also considered real property.
A life tenant does not have complete control over the property because they do not own the whole bundle of rights. The life tenant cannot sell, mortgage or in any way transfer or encumber the property. If either party wants to sell the property, both the life tenant and remainderman must agree.
A life estate is held only for the life of the grantee and cannot be inherited as it automatically reverts to someone else upon the grantee's death. While a life estate ends upon the death of the grantee, a life estate pur autre vie ends upon the death of a person other than the grantee.
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.
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.