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What are the disadvantages of a life estate deed?

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.

What are the advantages of a life estate deed?

A life estate helps avoid the probate process upon the life tenants death. The property will automatically transfer to the remainderman, making the process simple and easy a will isnt needed.

What is a life estate deed in Arizona?

Definition: Reserved Life Estate. From ConservationTools.org. The ownership of real estate can be divided into present and future interests. This division enables a landowner to convey land to a land trust or government with the owner retaining ownership during the owners lifetime or some other specified period.

What is a warranty deed with life estate reservation?

A deed with a reserved life estate is used when you wish to both pass your real property to someone upon your death and also protect the property from nursing-home liens. This document may also make it possible for you to live in and maintain control of the property until your death.

Can you sell a home with a life estate deed?

The main benefits of a life estate deed include avoiding probate, which simplifies property transfer and reduces legal expenses, maintaining control over the property during the life tenants lifetime, and potential tax advantages from a stepped-up basis on property transfer.

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