Alameda California Bill of Sale of Personal Property - Reservation of Life Estate in Seller
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FAQ
Unless specially restricted, a life estate can be sold, leased or mortgaged. Because beneficial use of the property accompanies a life estate, the creation, transfer or termination of a life estate is a change of ownership under Proposition 13.
A California Life Estate establishes two interests in property: the Life Tenant and the Remainder man. The Life Tenant is entitled to the absolute and exclusive right to use the property during their lifetime.
Can Someone With a Life Estate Sell the Property? A life tenant cannot sell the property or take out a mortgage loan against it without the agreement of the remainderman. The reverse is also true: The remainderman cannot sell or mortgage the property during the lifetime of the life tenant.
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.
A life estate vests the beneficial use of property in a person for their lifetime. The person who holds the life estate is the life tenant. The life tenant may have the right to occupy a residential property and/or the right to income from property that is rented or leased to others.
A person with life interest generally (as we have not perused the Will) does not have the right to sell, transfer or alienate the property to the detriment of the absolute owner, which in your case is the son, i.e., you. It is a limited right to enjoy the property up to the death of the life holder.
Life Estates are simple and inexpensive to establish; merely requiring that a new Deed be recorded. Life Estates avoid probate; the property automatically transfers to your heirs upon the death of the last surviving Life Tenant. Transferring title following your death is a simple, quick process.
