Arkansas Affidavit As to Termination of Life Estate Created by Deed / Assignment

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Multi-State
Control #:
US-OG-005
Format:
Word; 
Rich Text
Instant download

Description

This affidavit provides for a death certificate of the deceased life tenant to be attached. It is evidence of the death of the life tenant and names the remaindermen.

An Arkansas Affidavit As to Termination of Life Estate Created by Deed / Assignment is a legal document used to terminate a life estate that has been established through a deed or assignment. This affidavit serves as proof that the life estate has come to an end and clarifies the rights and ownership interests of the parties involved. In Arkansas, there are two main types of Affidavit As to Termination of Life Estate Created by Deed / Assignment: 1. Voluntary Termination: This type of affidavit is used when the life tenant voluntarily chooses to terminate the life estate. It is typically executed by the life tenant themselves, stating their intention to terminate the life estate and relinquish any rights or ownership interest in the property. 2. Involuntary Termination: This type of affidavit is used when the termination of the life estate is involuntary, usually due to the death of the life tenant or another circumstance specified in the deed or assignment. In cases of involuntary termination, the affidavit is typically executed by the person or entity entitled to the remainder interest in the property, affirming the termination of the life estate and asserting their rights as the new owner. Keywords: Arkansas, affidavit, termination, life estate, deed, assignment, voluntary, involuntary, rights, ownership, property, remainder interest.

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FAQ

The Enhanced Life Estate Deed enables a Florida real estate property owner to maintain their homestead exemption (both creditor and tax) if homestead protections apply ? even though the grantor holds a life estate during their lifetime. It's automatic.

With a standard life estate deed, if circumstances change, the property's original owner?who, again, is often also the life estate holder or life tenant?can reverse or change the life estate deed only with the approval of the remainderman.

A life estate deed is often used to provide housing for someone until they die. Mom might own a home in her own name and create a life estate deed that gives her much younger husband (Stepdad) a life estate in the property so Mom can be assured he will always have a place to live.

Therefore, the life estate holder can mortgage, lease, rent, or sell the property without needing the consent of the remaindermen named in the deed.

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 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.

More info

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Arkansas Affidavit As to Termination of Life Estate Created by Deed / Assignment