A life estate is property, usually a residence, that an individual owns and may use for the duration of their lifetime. This person, called the life tenant, shares ownership of the property with another person or persons, who will automatically receive the title to the property upon the death of the life tenant.
In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person. The owner of a life estate is called a “life tenant”.
What happens to a life estate when it is sold?
The transfer frequently occurs with a sale or giving the property to another. The new owner, or remainderman, has an interest in the house or land, but he or she has no right of occupying the property. This also means he or she cannot sell it, rent it or alter it until the life tenant passes on or leaves permanently.
Can a property be sold after the death of a life tenant?
The complexities of a life estate however, can create significant problems for the person who is to receive the fee interest after the death of the life tenant. Without the consent of the life tenant and the execution of a deed releasing the life estate, the property cannot be sold.
Can a living person have a life estate for a house?
A man now only holds a life estate for the house he lives in and signed the deed over to his 2 daughters. Can he sell the house and avoid the capital gain fees because he has lived there for 2+ years out of the past 5 years. Or do his daughters have to sell the house and property and pay the capital gain?
What does it mean to have a life estate deed?
Life Estate Deed A life estate deed permits the property owner to have full use of their property until their death, at which point the ownership of the property is automatically transferred to the beneficiary.
