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The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.

The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.

The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.

The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.

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12y ago
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11y ago

There are different ways to set up a life estate by deed or by will. The laws that govern life estates vary by jurisdiction.

General examples:

  • Deed or will transfers the land to Elizabeth for lifeand then to William and John absolutely.
  • Deed or will transfers the land to William and John subject to a life estate granted to Elizabeth.
  • A deed transfers Harry's land to Jane reserving a life estate to the grantor (Harry).

In each case the person receiving the life estate is called the life tenant. The life tenant only owns the right to use and possess the property for life. The other individuals own the land subject to the life estate.

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12y ago

The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.

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Q: Who owns the house equity in a life estate deed?
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Does the grantee of the life estate deed have to sign the deed?

The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.


Can life estate go to a person whose name is not on deed?

The person who is receiving the life estate must be listed as grantee in the deed along with the clear intention that only a life estate is granted. The deed should be drafted by a professional who can discuss the consequences and responsibilities associated with granting a life estate.


Can a person you sign the deed in a life estate sell the property while you are sill living on the in the house?

If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.


Can a new deed be issued on a life estate because the life tenant is no longer able bodied to live in the house anymore?

No. Deeds are not "issued". Once a life estate is granted by deed the grantee is the only person who can release it unless there was language in the original grant that limited it. You need to get a deed from the owner of the life estate in order to clear the title to the property. Otherwise, the life estate will not be extinguished until their death.


DO I NEED A LIFE ESTATE IF MY PARENTS AND I BOTH OWN THE HOUSE?

If your name is on the deed, no. A life estate would serve no purpose as long as they can't sell it without your approval.


Is there a way to dissolve a life estate by using a quitclaim deed?

Yes. The person who owns the life estate can execute a quitclaim deed to the fee owner that releases all of their right, title and interest in the property. A statement can be added to the deed stating that the purpose of the deed is to extinguish the life estate. Once that release deed has been recorded the property will be free of the life estate.


Spouse dies with a will that gives to her children. surviving spouse wants to stay in the house. Does he have to sell house in order to pay her children half of the equity or does he get a life estate?

In Texas, the suriving spouse has a life estate and does not have to sell.


Who are the remainder man in a life estate when none are specified in the deed?

You have asked an interesting question. If a person (A) was granted a life estate by deed and there was no remainder interests mentioned in that deed then the fee remains with the owner (B) who granted the life estate. When B dies the property will become part of their estate and will remain subject to the life estate.


Does a life estate override a fee simple absolute deed?

Yes. If property is subject to a life estate and then it's conveyed by deed, the property remains subject to the life estate until the life tenant dies or releases their life estate in writing.


Life estate voided?

Only by the death of the life estate holder or by their release of the life estate by deed to the fee owners.


Can a life estate be undone?

The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.


How do you sever a life estate in Florida?

A life estate is extinguished by the death of the life tenant or by the life tenant executing a deed of release of the life estate.