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A life tenant has all rights associated with ownership of real property, except the right to sell the property, until his/her (or someone else's) death. Upon the death of the life tenant, the property reverts back to the owner, or to a third party designated by the owner.

How to Remove a Living Person from a Life Estate. It is a mistake that someone (an owner) can be removed from the deed if alive. Nor can a co-owner steal away another owner's interest in an estate by executing a new deed without that other owner. So, none of them can be directly or indirectly eliminated from a title.

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 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.

Furthermore, include language that if the life tenant moves out for any reason, the tenancy ends. This will give the remainderman the opportunity to either rent out the property, move in as a personal residence or sell.

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.

A Life Estate terminates automatically when the life tenant dies. If a Life Estate is granted on a condition, the Life Estate may terminate if the life tenant violates that condition.

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. For your sister to have power of attorney your mom...

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FAQ

What are the rights of a life tenant?

How do I remove someone from my life estate?

Can a life estate be broken?

Can a life estate be revoked?

What happens if a life tenant moves out?

Who owns the property in a life estate?

Can a life estate be terminated?

Can a life tenancy be revoked?

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