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A life estate is based on a specific person's life. If they are not named in the life estate, they have no interest. They can claim the right to use the life estate as long as the individual is still living.

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Q: Life estate does your spouse have interest in it?
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Does spouse has any interest in life estate deed if grantee dies?

good faith deed


What happens in Ohio when the spouse's parents pass leave half interest to the spouse and then the spouse dies and other relatives are after the spouse's interest in the parent's estate?

You, and his descendants, should inherit his estate. His estate includes the inheritance from his parents. There should be no argument about it. Contact a knowledgable probate attorney for assistance.


What rights are there when a married person is given life estate?

The married person has the individual right to the use and possession of the property for the duration of their natural life. When they die the life estate is extinguished. If they had been inhabiting in the life estate property with a spouse the spouse must vacate the property upon the death of the life tenant.The married person has the individual right to the use and possession of the property for the duration of their natural life. When they die the life estate is extinguished. If they had been inhabiting in the life estate property with a spouse the spouse must vacate the property upon the death of the life tenant.The married person has the individual right to the use and possession of the property for the duration of their natural life. When they die the life estate is extinguished. If they had been inhabiting in the life estate property with a spouse the spouse must vacate the property upon the death of the life tenant.The married person has the individual right to the use and possession of the property for the duration of their natural life. When they die the life estate is extinguished. If they had been inhabiting in the life estate property with a spouse the spouse must vacate the property upon the death of the life tenant.


Is it legal to take a life insurance policy out on ex-spouse?

Is there an insurable interest, like child support, alimony, estate planning for the kids? Is the x-spouse willing to sign the application and take the physical?


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.


What rights does a person have in the property when the spouse has a life estate?

A life estate gives the spouse the right to possess and use the property during their lifetime. The spouse has limited rights to alter the property or pass it on in their will, as the ownership reverts to the remainderman upon their death. The remainderman has a future interest in the property and will gain full ownership upon the spouse's death.


In Florida is a surviving spouse entitled to a life estate?

Yes.


Can a remaindermen sell life estate property in South Carolina?

A person with a remainder interest can sell their interest. However, the property remains subject to the life estate until the life tenant dies or releases their life estate in writing.


In a life estate does the remainder man inherit the property?

The remainderman can sell their interest as a remainderman in the property subject to the life estate. The life tenant has the right to the use and possession of the property for life.


Is a life estate a freehold estate or a less than freehold estate?

A freehold estate is a right of title characterized by two features: it is an interest in land and the interest is not of a fixed duration.In the United States a life estate is a freehold estatealthough the ownership is of a limited duration. That duration can be measured by the life of the life tenant or of another person. When the measured life ends the life estate expires.A life estate in England and Wales does not create a freehold estate.


Can a claim on your dead husbands estate also include life insurance to spouse?

If the life insurance policy had listed as the beneficiary the spouse only then it is not considered part of the estate and is not subject to claims. If the beneficiary is the estate then it is subject to claims. The only problem with the spouse being the only beneficiary is if she was a party to the claims personally then perhaps she and the proceeds from the life insurance could be subject to these claims.


You want to give your present spouse lifetime rights to a home you purchased prior to marriage Do you do this in a will or do you add it to the deed?

Generally, there is no automatic life estate for the surviving spouse in property solely owned by the decedent.You should consult with an attorney who specializes in real estate and probate law who can review your situation and explain your options. The attorney can draft a life estate document in favor of your spouse and have it recorded in the land records. Once recorded the life estate cannot be terminated except with consent of the holder or their death.You could also set forth a life estate in your Will that would take effect upon your death if you still own that property. That way your heirs could inherit the property but your surviving spouse would be entitled to its use and possession for the duration of their life.