Montana 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

A quit claim deed is basically a document that transfers ownership of real property without any transfer tax. In order to do this, a person must first file a quit claim deed with the county recorder's office. A quit claim deed is not considered legal until it has been filed with the county recorder.

In Washington, the requirements for a Quitclaim deed are simple: it must be in writing, contain a legal description of the property, be signed by the grantor, and the grantor's signature must be notarized.

If a remainderman dies before the life estate holder, their entitlement to the estate is transferrable to their heirs or any other remainderman designated in the life estate deed.

Understanding the Different Types of Deeds in Montana A deed transfers real property from a grantor to the grantee. There are three main types of deeds: the general warranty deed, the special warranty deed, and the quitclaim deed.

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.

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.

Whenever property is sold or gifted, a deed must be executed by the person or entity transferring ownership, the ?grantor,? and recorded with the Clerk and Recorder in the county where the property is located. The grantor will also need to file a Realty Transfer Certificate and pay the recording fee ($8 per page).

The grantor must sign a quitclaim deed and acknowledge it before a notary public. The grantor then records the deed with the Clerk and Recorder in the county where the real property is located. Recording a quitclaim deed provides notice to all subsequent mortgagees and purchasers there is a new owner of the property.

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