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One such option in Alabama is a life estate deed. A life estate deed is a legal document that changes the ownership of a property while allowing you to live there until death.
A life estate is a freehold interest in land, but it is not an estate of inheritance. It does not survive the death of the person whose life span measures it. Upon termination of the life estate, the holder of the future interest, whether remainder or reversion, will be the owner of a fee simple estate.
The mother has a life estate inherited from her spouse. A life estate grants her the right to use and enjoy the property during her lifetime. Upon the mother's death, her life estate terminates, and ownership of the property passes to the son. This is known as the son's remainder interest.
A life estate may limit the transferability of the property, as the life tenant can only sell or transfer their interest in the property for the duration of their life or the designated measuring life.
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 remainder interest in property is the value or portion of the property inherited by an individual after the death of another heir. The remainder interest can be created by a will, a trust agreement, or a deed. In turn, a remainderman is a person who holds a remainder interest in property.
She also can't revoke the life estate without his consent, so it's important for her to make sure it's the right solution for her family. Upon her death, the house title would be immediately passed to the holder of the remainder interest (her son), also known as the remainderman.
The value of a remainder interest in real property is the property's equity value, multiplied by the remainderman mortality figure that corresponds to the life estate owner's age, as determined by the Life Estates Mortality Table.