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The mother has a life estate inherited from her spouse. A life estate grants her the right to use and enjoy the property during her lifetime. Upon the mother's death, her life estate terminates, and ownership of the property passes to the son. This is known as the son's remainder interest.
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.
For the life estate interest, multiply the figure in the life estate column for the individual's age by the equity value of the property. 3. For the remainder interest, multiply the figure in the remainder interest column for the individual's age by the equity value of the property.
A quitclaim deed can be used to avoid probate by transferring interest in real property before someone's death. This prevents the property from going through probate court because ownership is transferred by deed during the grantor's life, rather than begin transferred by a Will after their death.
The life tenant is the person who has the life estate, or entitlement to the use of property during their lifetime. The second party is the remainderman, or person with a remainder interest who is entitled to full ownership upon the death of the life tenant.
A remainder interest is a future interest a person has in an asset. A remainderman can exercise their right to use and hold property in a trust, but first, the trust must be dissolved. The life tenant can sell inherited property with the remainderman's consent.
A remainder interest is the right to use, possess, or enjoy property when the prior interest (term or life) ends. Mathematically, the value of a remainder interest is found by subtracting the present value of the prior interest from the entire fair market value of the property.
Determining the value of a remainder interest in real property. The value of a remainder interest in real property is the property's equity value, multiplied by the remainderman mortality figure that corresponds to the life estate owner's age, as determined by the Life Estates Mortality Table.