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The owner of the life estate is known as a life tenant. When the life tenant dies, the real property in the life estate is usually transferred to the remainderman who is also typically named in the life estate agreement.
Fee Simple Absolute: An ownership interest in real property that affords the owner the greatest possible aggregation of rights, privileges, and power. Only an individual and his or her heirs can hold a fee simple absolute.
Alabama only has one: The life estate deed. Life estate deeds involve co-ownership of real estate, but each class of joint owners has possession rights at different points in time. The person who owns the property during his or her life is called a life tenant.
A life estate is a form of joint ownership that allows one. person to remain in a house until his or her death, at which time it passes to the other. owner, referred to as the person with the remainder interest.
In some states, a legal life estate is created by law rather than by the owner of the land. Dower and curtesy are marital life estates in that the partial interest, usually or 1/3 interest, which a spouse has in the real estate of the deceased spouse when the deceased spouse wills the property to someone else.
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A Tennessee life estate deed form gives one individual (the life tenant) a lifetime interest in real estate and another person (the remainderman) the right to take title after the life tenant dies.
A remainderman is considered the beneficiary of a life estate and stands to inherit any remaining property after the life tenants death.
The only problem is Alabama does not have a TODD statute, so any such deed would have no validity. As of January 14, 2022, twenty-nine states, along with the District of Columbia and the U.S. Virgin Islands, have some form of TODD. Alabama is not one of them, and neither is Georgia or Florida.
The life tenant is able to use and occupy their home for the remainder of their life and be transparent with beneficiaries about what will happen with the property upon their death.
A life estate is a legal contract or deed that would be created by a real estate attorney. The life tenant, or owner of the property, would remain in control of the property until the end of their life. After they pass, the deed is set up to automatically transfer ownership to the persons children or beneficiaries.

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