Atlanta Georgia Executors Deed with Life Estate and Conditions of Divestment

State:
Georgia
City:
Atlanta
Control #:
GA-04300BG
Format:
Word; 
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Description

A deed of assent is sometimes used to convey real property to heir(s) who are entitled to the property under a decedent?ˆ™s will. This type of deed constitutes the executor?ˆ™s agreement or ?ˆ?assent?ˆ to the transfer of the property to the heir(s), after all debts of the decedent have been paid. Once the heir(s) own the property, they are free to deal with it as they choose. This type of deed doesn't contain warranties of title. It conveys only such title as the decedent held while still alive.


A life estate is an interest in real property, including the right to use and occupy the property for the duration of the lifetime of the life estate holder. A life estate terminates upon the death of the holder. The owner of life estate is called a life tenant. After the death of the life tenant the estate either reverts back to the title holder or to the survivor or remaindermen mentioned in the deed bestowing life estate.

Title is subject to divestment if something could occur that would divest title from the owner of the remainder of an interest in real property.

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FAQ

This works very well in North Carolina right now. States such as Georgia and South Carolina, however, do not allow Lady Bird Deeds.

As a life tenant, you may not easily sell or mortgage property with a life estate interest. The remaindermen must all agree if you decide to sell or borrow against the property. One thing that can help is a testamentary power of appointment in the deed.

Life estate cons The life tenant cannot change the remainder beneficiary without their consent. If the life tenant applies for any loans, they cannot use the life estate property as collateral. There's no creditor protection for the remainderman.You can't minimize estate tax.

An interest in land that lasts only for the life of the holder. Thus, the holder of a life estate cannot leave the land to anyone in their will, because their interest in the land does not survive the person.

The Letters Testamentary gives the executor the duty and authority to collect and inventory the deceased person's assets, have those assets appraised, and sell any assets if necessary. An executor may sell items from the estate to pay off debts or to get rid of assets that are declining in value.

For transferring property to a beneficiary when sole owner dies, you'll need to complete: form AS1 - Whole of registered title:assent....You'll also need to send a certified copy of evidence of death which can be either of the following: a grant of probate. letters of administration. a court order.

The executor will be charged with the duty to cause an ?Executor's Deed? or ?Assent to Devise? to be drafted, executed and filed with the real estate records office where the real estate is located. The ?Executor's Deed? or ?Assent to Devise? formally transfer title from the deceased to the intended beneficiary.

An executor's deed is used when a personal representative or administrator appointed by the Probate Court transfers property from the decedent's estate. For example, the court may instruct the estate's personal representative to sell the property to pay the estate's debts.

A life estate deed is a real estate ownership arrangement, by which the owner gifts or sells to someone, in this case to the beneficiary child, a ?remainder interest? in a piece of real estate property.

According to the Official Code of Georgia Annotated (O.C.G.A.) § 44-6-80, estates that ?extend during the life of a person but terminate at the death of the person are deemed life estates.? some other person.

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Atlanta Georgia Executors Deed with Life Estate and Conditions of Divestment