Warranty Deed for Parents to Child with Reservation of Life Estate - New Mexico 2025

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A New Mexico special warranty deed is commonly used in real estate transactions where the seller (grantor) wants to provide some level of protection to the buyer (grantee) against defects in the title, but the seller does not want to provide the comprehensive warranty of title of a general warranty deed.
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.
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.
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.
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.