Maine Affidavit As to Termination of Life Estate Created by Deed / Assignment
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How to fill out Affidavit As To Termination Of Life Estate Created By Deed / Assignment?
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FAQ
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.
If you have made a will or previous TOD deed that leaves the property to someone, your new TOD deed will override it. Your rights. You keep complete ownership of, and control over, the real estate while you're alive.
The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner's interest in the property.
In other words, if your name is on the deed, you are tenants-by-the-entireties, and if one of you dies, the other owns the property entirely. If you are not on the mortgage for whatever reason, you are not liable for paying the mortgage loan. That said, you get your spouse's interest in the property if they die.
A Maine quitclaim deed without covenant passes to the new owner?with no covenants or warranty of title?whatever interest the person signing the deed (the grantor) has the power to transfer. If the grantor holds good, clear title, the new owner receives good, clear title.
A life estate deed is a legal document that changes the ownership of a property while allowing you to live there until death. It might be useful for those wanting to avoid the probate process in Maine, ensure the future ownership of their property, or even qualify for Medicaid.
To be able to record the deed, it must be accompanied by a transfer tax form and payment of transfer tax. Transfer tax rate in Maine is ?$2.20 per $500 or fractional part of $500 of the value of the property being transferred.? Further, transfer tax is imposed 50/50 on both the grantor and grantee.
The only way to add or remove a name on a deed is to have a new deed recorded. Once a document is recorded, it cannot be altered. In order to protect your legal interests, we strongly suggest that you contact an attorney to have this done for you.
