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Massachusetts Warranty Deed for Parents to Child with Reservation of Life Estate

State:
Massachusetts
Control #:
MA-SDEED-2
Format:
Word; 
Rich Text
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Description

This form is a Warranty Deed where the grantor(s) retains a life estate in the described property.
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  • Preview Warranty Deed for Parents to Child with Reservation of Life Estate
  • Preview Warranty Deed for Parents to Child with Reservation of Life Estate
  • Preview Warranty Deed for Parents to Child with Reservation of Life Estate
  • Preview Warranty Deed for Parents to Child with Reservation of Life Estate
  • Preview Warranty Deed for Parents to Child with Reservation of Life Estate
  • Preview Warranty Deed for Parents to Child with Reservation of Life Estate

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FAQ

A life estate deed in Massachusetts is a deed in which two or more people each have ownership of real property, but they have it for different periods of time. An example: Mary is 82 years old and lives in her home by herself.

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.

Can a life estate deed be changed? It is challenging to modify or change a life estate deed. The grantor cannot change the life estate as he or she has no power to do so after creating the life estate deed unless all of the future tenants agree. It requires the permission or consent of every one of the beneficiaries.

A life estate is usually property that has been acquired during the lifetime of a person with his or her ownership only lasting through the time he or she lives.This also means he or she cannot sell it, rent it or alter it until the life tenant passes on or leaves permanently.

A California Revocable Transfer-On-Death Deed does not take effect until the property owner dies.As long as the original owner is alive, he can revoke the transfer, sell the property, add or remove beneficiaries, and otherwise maintain complete control over the property.

The person holding the life estate -- the life tenant -- possesses the property during his or her life. The other owner -- the remainderman -- has a current ownership interest but cannot take possession until the death of the life estate holder.

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.

What happens to a life estate after someone dies? Upon the life tenant's death, the property passes to the remainder owner outside of probate.They can sell the property or move into and claim it as their primary residence (homestead). Property taxes will not be reassessed.

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Massachusetts Warranty Deed for Parents to Child with Reservation of Life Estate