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Massachusetts Condominium Unit Quitclaim Deed - Life Estate from Husband and Wife, or Two Grantors, to an Individual with Remainder to Grantors.

State:
Massachusetts
Control #:
MA-026-77
Format:
Word; 
Rich Text
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Overview of this form

The Condominium Unit Quitclaim Deed is a legal document used to transfer a life estate from a married couple or two individuals to a single individual, while ensuring the original grantors retain a remainder interest. This form differs from traditional property transfer documents by specifically addressing life estates where the grantors maintain rights to the property until their death. It is important to use this form to clarify the intentions of both parties involved in the transaction and to comply with state law requirements.

Form components explained

  • Identification of grantors (the husband and wife or two individuals) and the grantee (the individual receiving the interest).
  • A detailed description of the condominium unit being conveyed.
  • The declaration of the life estate and the remainder interest retained by the grantors.
  • Compliance provisions detailing adherence to Massachusetts laws and condominium regulations.
  • Assurance regarding real estate taxes and future use of the property.
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  • Preview Condominium Unit Quitclaim Deed - Life Estate from Husband and Wife, or Two Grantors, to an Individual with Remainder to Grantors.
  • Preview Condominium Unit Quitclaim Deed - Life Estate from Husband and Wife, or Two Grantors, to an Individual with Remainder to Grantors.
  • Preview Condominium Unit Quitclaim Deed - Life Estate from Husband and Wife, or Two Grantors, to an Individual with Remainder to Grantors.
  • Preview Condominium Unit Quitclaim Deed - Life Estate from Husband and Wife, or Two Grantors, to an Individual with Remainder to Grantors.
  • Preview Condominium Unit Quitclaim Deed - Life Estate from Husband and Wife, or Two Grantors, to an Individual with Remainder to Grantors.
  • Preview Condominium Unit Quitclaim Deed - Life Estate from Husband and Wife, or Two Grantors, to an Individual with Remainder to Grantors.

When to use this form

Use the Condominium Unit Quitclaim Deed when a married couple or two individuals wish to transfer a life estate in a condominium unit to another individual while retaining certain rights to the property. This form is particularly useful in estate planning scenarios or when making property transfers within families, as it provides clear ownership intentions and protects the rights of the grantors.

Intended users of this form

  • Married couples or co-owners looking to transfer their interest in a condominium property.
  • Individuals who want to clarify the rights of ownership for estate planning purposes.
  • Those involved in family property transactions or inheritance arrangements.
  • Homeowners wishing to pass on property rights while ensuring continued use for themselves.

Steps to complete this form

  • Identify the parties involved: the grantors (husband and wife or two individuals) and the grantee (single individual).
  • Provide a complete legal description of the condominium unit being transferred, ensuring that it matches official property records.
  • Specify the nature of the life estate and how the remainder interest will be handled post-death of the grantors.
  • Include appropriate signatures and dates from all parties to validate the deed.
  • Review the deed for compliance with Massachusetts laws and any additional condominium rules before submission.

Does this form need to be notarized?

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Typical mistakes to avoid

  • Failing to include all required signatures from the grantors and the grantee.
  • Not providing a complete and accurate legal description of the property.
  • Neglecting to review state-specific provisions that apply to quitclaim deeds.
  • Overlooking the need to indicate the life estate and remainder interests clearly.

Why complete this form online

  • Convenient access to legally compliant templates that streamline the document preparation process.
  • Editability that allows for easy customization to fit specific needs.
  • Reliability, as these forms are created by licensed attorneys ensuring compliance with state laws.

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FAQ

The life estate can not be revoked. Your mom would have to sign a deed to end the life estate and if she is incompetent, as you state, then she does not have the capacity to sign the deed.

To accomplish this, you need to have the life estate deed that shows you have the right to own the property after the life estate holder dies. Using the information in this deed, along with the deceased's death certificate, you can prepare and record the required title transfer document to clear title.

A person owns property in a life estate only throughout their lifetime. Beneficiaries cannot sell property in a life estate before the beneficiary's death. One benefit of a life estate is that property can pass when the life tenant dies without being part of the tenant's estate.

To dissolve a life estate, the life tenant can give their ownership interest to the remainderman. So, if a mother has a life estate and her son has the remainder, she can convey her interest to him, and he will then own the entire interest in the property.

The date the deed was made; The name of the party granting the life estate and their address; The name of the grantee and their address; The address and a legal description of the property that is subject to the life estate;

A person owns property in a life estate only throughout their lifetime. Beneficiaries cannot sell property in a life estate before the beneficiary's death. One benefit of a life estate is that property can pass when the life tenant dies without being part of the tenant's estate.

To dissolve a life estate, the life tenant can give their ownership interest to the remainderman. So, if a mother has a life estate and her son has the remainder, she can convey her interest to him, and he will then own the entire interest in the property.

Pursuant to ' 2036(a) of the IRC, the transfer of a residence with a retained life estate permits the transferee of the residence to receive a full step up in his or her cost basis in the premises upon the death of the transferor, to its fair market value on the transferor's date of death.

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Massachusetts Condominium Unit Quitclaim Deed - Life Estate from Husband and Wife, or Two Grantors, to an Individual with Remainder to Grantors.