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Life estate cons The life tenant cannot change the remainder beneficiary without their consent. If the life tenant applies for any loans, they cannot use the life estate property as collateral. Theres no creditor protection for the remainderman. You cant minimize estate tax.
Both general warranty deeds and special warranty deeds provide the same general protections for the buyer. The primary difference between a special warranty and a general warranty deed is how they deal with the timeframe of protection given to title ownership.
A life estate deed is a legal document that changes the ownership of a piece of real property. The person who owns the real property (in this example, Mom) signs a deed that will pass the ownership of the property automatically upon her death to someone else, known as the remainderman (in this example, Son).
A special warranty deed guarantees two things: The grantor owns, and can sell, the property; and the property incurred no encumbrances during his ownership. A special warranty deed is more limited than the more common general warranty deed, which covers the entire history of the property.
An Indiana special warranty deed is similar to a warranty deed in that it guarantees a seller has a title to sell to a buyer, though it only provides a limited guarantee. The guarantee is limited to the grantors ownership of the property and not any previous ownership.
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A special warranty deed only guarantees that there are no encumbrances on the property for the period of time the seller had the property tile in their name. This means that the seller is not liable for any title issues that could have happened before they took ownership.
A special warranty deed guarantees that the buyer wont face any legal action or title issues as a result of the actions of the propertys previous owner. A downfall is that this type of deed does not offer any guarantees that prior owners owned the property free and clear.
To be valid, each Indiana warranty deed form must meet the requirements of Indiana law. These requirements include valid legal description, statement of consideration, and a description of the manner in which co-owners will hold title, font size and page format requirements, and signature and notarization requirements.

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