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After the death of the life tenant (or earlier termination of the trust), the remaining capital of the trust fund can then be passed on to other individuals, known as the remaindermen, or a separate trust, as set out in the will.
The life tenant cannot sell, mortgage or in any way transfer or encumber the property. If either party wants to sell the property, both the life tenant and remainderman must agree. The life tenant usually receives a smaller portion based on the value of the life estate, calculated using actuarial tables.
A life estate deed is a legal document that grants real estate ownership to two or more parties according to two types of interest. The life tenant acquires what is called a life estate, which generally means they can live on and make use of the property until the designated persons death.
A life estate vests the beneficial use of property in a person for their lifetime. The person who holds the life estate is the life tenant. The life tenant may have the right to occupy a residential property and/or the right to income from property that is rented or leased to others.
All that is required to transfer title is that an affidavit of death of life tenant or surrender of life estate, as relevant, be recorded with the county recorders office. During the period of the life estate, the life tenant has all the obligations of ownership, including paying the real property taxes and insurance.
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A California Life Estate can be easily established by drafting the appropriate document and then filing a new Deed. There is no probate. The property automatically transfers from the Life Tenant to the Remainder man upon death of the Life Tenant.
After the death of the life tenant (or earlier termination of the trust), the remaining capital of the trust fund can then be passed on to other individuals, known as the remaindermen, or a separate trust, as set out in the will.
The person who holds the life estate has ownership of the property for the rest of their life. They get to use, occupy and get income from the property while they are living.
A life estate is a form of co-ownership of real property between two or more people. They each are an owner of the property, but for different periods of time. The person owning the life estate has the current right to the property for the rest of his or her life.
One of the more frequent complaints individuals have regarding an enhanced life estate deed is that it is not available in every state. Fortunately, today it is still allowed in North Carolina.

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