Life Estate

Life Estate

What is a life estate?

A life estate is a property that an individual only possesses for the duration of his life. He is also called a lifelong tenant and a lifelong tenant. A life estate is restrictive in that it prevents the beneficiary from selling the property that produces the income before his death. But the succession cannot continue beyond the life of the beneficiary.

Understanding the realm of life

A life estate is the vehicle by which the owner or the settlor transfers legal ownership to another person or to the tenant for life. In many cases, the settlor and the tenant for life are the same people, but not always. As a general rule, the act will specify that the occupant of the property is authorized to use it for the duration of his life. Almost all acts creating a life estate will also designate a remaining man, the person or persons who obtain the property upon the death of the life tenant.

Key points to remember

  • A person only owns property in a life estate for their entire life.
  • Beneficiaries cannot sell property in a life estate before the beneficiary dies.
  • One of the advantages of a life estate is that the property can pass when the life tenant dies without being part of his estate.

Life estate details

One of the main advantages of the act of inheritance is that it can be used to transfer property upon the death of the tenant for life without being part of the estate of the tenant for life. Consequently, the property does not have to go through the homologation. Any interest that the life tenant had in the property ended at the time of death and was not part of the tenant’s estate.

A complicating factor in acts of life inheritance, particularly in real estate transactions, is that all parties should be aware that the life tenant and the resident have ownership interests, although each has a different right of possession. . The life tenant is the owner of the property until his death. However, the rest also own the property while the lifelong tenant is alive. The life tenant is legally responsible for the maintenance of the property.

Create home ranges

People who believe their beneficiary could benefit more from inheritance income than a lump sum inheritance often create life estates. Often, these estates are invested in various income-generating instruments, such as bonds, CDs, oil and gas leases, REITs and other similar investments.

However, if the life tenant wants to sell or mortgage the property before his death, the rest of the husband will have to agree to accept and sign. As part of the transaction, the rest of the husband could demand part of the proceeds based on a predetermined scale reflecting the age of the tenant for life and current interest rates. As a general rule, the older the lifelong tenant, the higher the share that the resident can expect to receive.

It should also be noted that any legal problem incurred by a restderman can also affect the tenant for life. For example, if a child is sued or owes taxes, a lien could be filed against the parents’ home if a life estate has been established between the two.

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