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Commonly Asked Questions about Life Estate Warranty Deed Forms

A life estate is a type of holding where you divide ownership into two phases: a life estate and a remainder. As a property owner, you change the ownership so that you only hold the property during your lifetime. This means nothing will be left of your interest to pass on to someone else, such as through your will.
There is no simple way to reverse a life estate because a life estate deed is a legal transfer of the title of a property. This is legally binding and the transaction is complete when the life estate is executed. Essentially, in order to reverse a life estate both parties would need to agree to make it happen.
The person with the right to use the property is a life tenant. The individual with a future right is called the remainderman. Once the life tenant passes away, the remainderman owns the property outright.
While both the life tenant and the remainderman hold legal ownership interests in the property, they do not jointly own it as tenants in common or joint tenants do. Instead, the life tenant possesses the legal right to live on and use the property for their lifetime.
A potential legal disadvantage exists as well, however. The life tenant may become involved in any legal problems that a remainderman incurs. A lien could be filed against the parents home if a parent and a child have created a life estate and the child is pursued for nonpayment of taxes.
A life estate deed is a legal document that changes the ownership of a property while allowing you to live there until death. It might be useful for those wanting to avoid the probate process in Nebraska, ensure the future ownership of their property, or even qualify for Medicaid.
Its important to fully understand the following risks: Limits on Life Tenants ability to sell or mortgage the property. Removing a Remainderman is difficult. A Remaindermens problems can become your problems. Medicaid Complications. Nursing Home Complications.
Life Estate, Definition A life estate is a special ownership arrangement that allows you to share a property with someone else. Each of the people in a life estate has an ownership interest in a piece of real estate typically your primary home but over different time periods.