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This means that all heirs do not have to agree on what to do with the property in order for it to be sold. If even one co-owner wants to sell the property, a partition action will force the sale of the inherited property. An experienced partition attorney can ensure the best outcome for co-owners who disagree.
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.
To fulfill the deceased's wishes, the executor can sell the property without the approval of all beneficiaries. However, the beneficiaries will stay informed throughout the process. When a will is valid, the estate executor is approved by the judge to oversee and make decisions regarding the deceased person's estate.
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.
A life estate is created when a property holder transfers ownership of the property to someone else and retains the right to live on the property and the income from it. The new owner of the property is referred to as the remainder person.