South carolina life estate 2025

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Usually, a life estate overrides a will. That is, if a life estate says one person will get full ownership of a property after the owners death, and the will dictates something else, the life estate generally prevails.
The person holding the life estate the life tenant possesses the property during their life. The other owner the remainderman has a current ownership interest. Yet they cannot take possession until the death of the life estate holder. The life tenant has full control of the property during their lifetime.
A life estate is a type of legal joint property ownership. The owners have the right to use the property for life under a life estate. The life estate process is typically adopted to streamline inheritance and avoid probate.
Undue Influence or Duress. Sometimes grantees exert undue influence on the grantor and manipulate the grantor into signing the life estate deed. Undue influence can involve force and pressurephysical or mental. For example, a caregiver may have undue influence over a sick parent.
In spite of these uses, life estates have limitations. The life tenant is responsible for property taxes, maintenance, and insurance. Also, they cannot sell or mortgage the property without the remaindermans consent.
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