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Does the owner of a life estate have the same rights as a fee simple owner?
Life estates are a form of fee simple estate and they are somewhat conditional. While a fee simple estate generally means that the land may be used by the grantee for an unlimited duration, a life estate only grants the ownership of the (interests of the) property for as long as the grantee lives.
What are the negatives of a life estate?
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.
Does a life estate deed need to be recorded?
South Carolina doesnt allow real estate to be transferred with transfer-on-death deeds.
Why do people create life estates?
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.
Does South Carolina have life estate deeds?
Avoidance of Probate: One of the most significant benefits of a life estate deed in South Carolina is that it circumvents the probate process.
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Like all ownership options, there are advantages and disadvantages to creating a life estate. Some of the advantages include: Simplicity. Creating a life estate only requires a new deed to be drafted and recorded.
Can you sell a home with a life estate 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.
life estate deed south carolina
Property--Construing the Deed in South Carolina
by CG Ferguson 1969 The rule has been applied in cases in which the grantor apparently attempted to limit a grant of a fee simple conditional to a life estate. Hewitt v. Hewitt,
Deeds of real estate to pass entire estate; conveyance of fee simple absolute; construction of conflicting language. (A) Every deed of real estate executed
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