Missouri Quitclaim Deed of Life Estate Interest Created Under A Will, to the Remainderman

State:
Multi-State
Control #:
US-OG-065
Format:
Word; 
Rich Text
Instant download

Description

It is not uncommon for a will to provide that a person be devised a life estate interest in mineral or royalty interests, and on the death of that person, the remainder of the interest to pass to another party. This deed form provides for the owner of a life estate, devised under a will, to quit claim that life estate interest to the owner of the remainder interest.

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FAQ

An exception to the rule that terminable interests do not qualify for the marital deduction is qualified terminable interest property (QTIP). QTIP is property in which the surviving spouse has a qualifying income interest for life and the executor elects on the estate tax return to treat the property as a QTIP (Sec.

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.

Hear this out loud PauseThe grantee's address must be on the first page of the legal documents. Additionally, quitclaim deeds in Missouri require a physical description of the property being conveyed as well as the tax parcel number. While only the grantor signs the quitclaim deed in Missouri, they must be notarized.

A life estate may limit the transferability of the property, as the life tenant can only sell or transfer their interest in the property for the duration of their life or the designated measuring life.

Hear this out loud PauseThe 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 terminable interest is one that ends at some specified time. For example, a husband might leave his wife the use of a residence, but specify that the residence shall pass to the husband's children at the spouse's death.

Hear this out loud PauseLife estates, terms for years, annuities, patents, and copyrights are therefore terminable interests. However, a bond, note, or similar contractual obligation, the discharge of which would not have the effect of an annuity or term for years, is not a terminable interest.

Hear this out loud PauseThere 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.

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Missouri Quitclaim Deed of Life Estate Interest Created Under A Will, to the Remainderman