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The document is an Affidavit of Death used to terminate a Life Estate Interest in real property in Los Angeles County, California. It includes details about the decedent, references a Certificate of Death, and outlines the property affected by the termination. The affidavit must be signed by the affiant and notarized.

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What is it called when a life estate ends?

However, a life estate is certain to end. Thus, it is simply called a reversion. If the property is to pass to a third party, then the third partys interest is called a remainder.

Can creditors go after a life estate?

If the life tenant has debts, creditors can place a lien on their interest in the life estate. This could happen in various ways. For example, if a court orders the life tenant to pay a debt and they dont, the creditor might get a judgment lien placed on the property.

How can a life estate be terminated?

A life estate can be terminated upon the death of the tenant, or grantee. However, life estates can also be cut short. This can happen in several ways, some examples of which include: The life tenant commits impermissible waste, or, overt and willful acts of destruction leading to the drop in property value; or.

Does a will override a life estate?

However, a common question arises: Does a life estate override a will? The short answer is yesa life estate generally takes precedence over a will because it is a legally binding property transfer that occurs outside of probate.

How do I remove someone from my life estate?

Contact an attorney who specializes in real estate law. Provide the attorney with the details of your situation, including the deed to the property and the names of the life estates. Have the attorney draft a new quitclaim deed that removes the life estates and adds your name as the sole owner of the property.

affidavit of death of life tenant

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Can you change the remainderman in a life estate?

Under a life estate, the property does not go through probate and supersedes a will because it does not go through probate. If the remainderman or persons named remainderman change, they must also agree. It would be necessary to have all the remaindermen agree to remove or change the names on the life estate.

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What is it called when a life estate ends?

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Can you change the remainderman in a life estate?

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