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Therefore, the life estate holder can mortgage, lease, rent, or sell the property without needing the consent of the remaindermen named in the deed.
A life estate is a right to live in the property until your death. When you pass away, the real property passes to your beneficiaries designated in the lady bird deed, called the remaindermen. The lady bird deed works similarly to a pay-on-death provision on a bank account.
A life estate is a form of joint ownership that allows one person to remain in a house until his or her death, when it passes to the other owner. Life estates can be used to avoid probate and to give a house to children without giving up the ability to live in it.
The life tenants are the owners of the property during life. Each life tenant has the right to live in the property (rent-free) until his or her death. Following the death of the last life tenant, the property automatically transfers to the remaindermen.
A life estate is a form of joint ownership that allows one person to remain in a house until his or her death, when it passes to the other owner. Life estates can be used to avoid probate and to give a house to children without giving up the ability to live in it.
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Life estates can be created by a will at the property owners death. Life estates can also be created by recording a deed during the lifetime of the original property owner. During life, the life tenant has the responsibility to maintain the property, pay property taxes, and pay any homeowners association dues.
As mentioned, the estate tax is only an issue for people dying with over $12.06 million (2021). The individual heirs are generally not responsible for the taxes as the duty to collect and pay the estate tax is the responsibility of the executor or successor Trustee.
With the Florida lady bird deed, you give yourself a life estate interest in your property. A life estate is a right to live in the property until your death. When you pass away, the real property passes to your beneficiaries designated in the lady bird deed, called the remaindermen.
Therefore, the life estate holder can mortgage, lease, rent, or sell the property without needing the consent of the remaindermen named in the deed.
Rights of a Remainderman The life tenant must maintain the property, make any existing mortgage payments, pay property taxes, and keep the property adequately insured. Without the consent of the remainderman, the life tenant may not take out a new mortgage or otherwise encumber the property.

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