Guam Bill of Sale of Personal Property - Reservation of Life Estate in Seller
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FAQ
Life estate consThe life tenant cannot change the remainder beneficiary without their consent.If the life tenant applies for any loans, they cannot use the life estate property as collateral.There's no creditor protection for the remainderman.You can't minimize estate tax.More items...
A person with life interest generally (as we have not perused the Will) does not have the right to sell, transfer or alienate the property to the detriment of the absolute owner, which in your case is the son, i.e., you. It is a limited right to enjoy the property up to the death of the life holder.
How Does a Life Estate Work? The life tenant is responsible for maintaining the property during their lifetime. They can improve upon it, but they can't encumber it by using it as collateral for a loan or mortgage, and they can't sell it.
The person in whose favour a life interest is created can be considered a life tenant. Such person can enjoy the property as the owner but he cannot transfer it to someone else. Like every legal instrument, a life interest also has certain benefits and drawbacks.
Can Someone With a Life Estate Sell the Property? A life tenant cannot sell the property or take out a mortgage loan against it without the agreement of the remainderman. The reverse is also true: The remainderman cannot sell or mortgage the property during the lifetime of the life tenant.
An interest in land that lasts only for the life of the holder. Thus, the holder of a life estate cannot leave the land to anyone in their will, because their interest in the land does not survive the person.
The property belongs to you jointly and on the death of one spouse it automatically passes to the survivor. You cannot leave jointly owned property in your will. To create a life interest under your will you need to hold the property as tenants in common.
Pur autre vie (per o-truh vee) is a French legal phrase which means for another's life. This phrase is durational in meaning as it is another's life, not that of the possessor, that is used to measure the amount of time someone has a right to possess real property.
If the life estate is based on the life tenant's life, it is known as an ordinary life estate. Once the owner dies, the estate terminates. If the estate is based on a life other than the life tenant, it is known as a pur autre vie life estate, which means for another's life.
If you have created a life estate and are looking to remove someone from it, you cannot do so without consent from all parties unless you have a clause or document known as a power of appointment. These powers may be written within the deed or attached to it.
