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What is a warranty deed with life estate?

The difference is that a life estate deed awards ownership interest in the real estate only for the life of the person awarded the life estate. The warranty deed actually transfers ownership of the real estate to that person and the person may sell the real estate or pass it own to heirs.

What are the disadvantages of a life estate deed?

A life estate deed is often used to provide housing for someone until they die. Mom might own a home in her own name and create a life estate deed that gives her much younger husband (Stepdad) a life estate in the property so Mom can be assured he will always have a place to live.

What is the best deed to avoid probate?

Once a life estate has been established, the underlying residence can only be sold if the life estate holder and all other owners agree to the sale. However, prior to any sale, it is important to understand the ramifications for the life estate holders Medicaid eligibility.

What is a warranty deed life estate?

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.