This form is a Warranty Deed where the grantor(s) retains a life estate in the described property.
This form is a Warranty Deed where the grantor(s) retains a life estate in the described property.
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A life estate is property, usually a residence, that an individual owns and may use for the duration of their lifetime. This person, called the life tenant, shares ownership of the property with another person or persons, who will automatically receive the title to the property upon the death of the life tenant.
Under the law, any person who owns a property and is competent to contract can transfer it in favour of another. If the owner gives another individual a power of attorney (POA), that person can sell it under this authority. A POA gives another person the power to act on behalf of the owner.
Life estate consThe life tenant cannot change the remainder beneficiary without their consent.If the life tenant applies for any loans, they cannot use the life estate property as collateral.There's no creditor protection for the remainderman.You can't minimize estate tax.More items...
A common example of an ordinary life estate is when a man dies and leaves his estate to his wife in a life estate that stipulates a remainder interest to their children. When the wife eventually dies, the life estate transfers all interests to their children.
Freehold Estates are estates of indeterminable length of ownership, such as those existing for a lifetime or forever. A holder of an estate in fee simple is entitled to all right in the property.