I believe so. The life estate simply governs the ownership of the property. In other words, you can't sell it and the previous owner can't sell it until he or she dies. I believe it is intended to be passed down. It's been a while since I took the course. What you do with the property is up to you so long as there are no stipulations in the will or real estate contract. You just can't sell it. A real estate appraiser or real estate agent should be able to tell you more. Or just grab a copy of a text book in a good library. They devote a whole section to "life estates" in current text books.
Yes. All rental profits belong to the person who holds the life estate decree.If your dad conveyed his condo to you by deed and reserved a life estate for himself then he can use and occupy the condo during his natural life. The life estate will be extinguished upon his death or if he relinquishes it to you by a deed of release before then. His wife has no interest in the property.
Nothing happens to the life estate. The life estate remains as long as the person who holds it is still living. Any sale is based on the existence of the life estate. However, if the life estate has not vested, as in the life estate was to be left in a will and they haven't died yet, then the life estate is void.
He will need to consent to the sale by signing the deed.
yes
No, you get to choose.
Anything that remains, or is left, after the separation and removal of a part; residue; remnant., The quantity or sum that is left after subtraction, or after any deduction., An estate in expectancy, generally in land, which becomes an estate in possession upon the determination of a particular prior estate, created at the same time, and by the same instrument; for example, if land be conveyed to A for life, and on his death to B, A's life interest is a particuar estate, and B's interest is a remainder, or estate in remainder., Remaining; left; left over; refuse.
Anything that remains, or is left, after the separation and removal of a part; residue; remnant., The quantity or sum that is left after subtraction, or after any deduction., An estate in expectancy, generally in land, which becomes an estate in possession upon the determination of a particular prior estate, created at the same time, and by the same instrument; for example, if land be conveyed to A for life, and on his death to B, A's life interest is a particuar estate, and B's interest is a remainder, or estate in remainder., Remaining; left; left over; refuse.
No. The grantee of a life estate cannot leave the life estate in a will because a life tenant doesn't own the property, only the right to use it during their life. The life estate ends when the life estate owner dies. That's why it is called an estate for life. After the death of the life tenant there is nothing left to devise by a Will.Sometimes the owner of land simply grants a life estate to another party. In that case the grantor still owns the property subject to the life estate. When the life tenant dies the life estate is ended and the grantor still owns the property. In other cases the owner transfers the property in fee to new owners but reserves a life estate to herself or some other person. In that case the property is no longer owned by that grantor at the time of the grantor's death and so does not become part of the estate. In that respect, a life estate deed is an estate planning tool.
In most cases it will default to the estate.
If your mother granted her husband a life estate in her will the language of the grant would need to be examined for any limitations. If there was no provision made for the life estate to expire upon his remarriage then it lasts for the duration of his life.
A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.
No....If the home was in a irrevocable or trust life estate and that person died or in the case of the irrevocable trust there still alive and your the benaficairy the trustee can keep you out, but eventually depending on what the terms of the estate are turn the trust or estate over to you. Seek the advice of a probate attorney.