Warranty Deed for Parents to Child with Reservation of Life Estate Virginia Form
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People also ask
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What is the duration of a life estate based on?
Rule Against Restraints on Alienation: A life estate is an interest in land whose duration is measured by a human life. The holder has the right to possess the property as long as he or she lives.
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How do you get around a life estate?
With a traditional life estate, once the deed has been filed, it cannot be revoked or otherwise changed without the written consent of both the life tenant and the remainderman.
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What is the life estate deed?
A life estate deed is often used to provide housing for someone until they die. Mom might own a home in her own name and create a life estate deed that gives her much younger husband (Stepdad) a life estate in the property so Mom can be assured he will always have a place to live.
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Who owns the property in a life estate in Virginia?
A life estate has one or more life tenants and one or more remainderman. The life tenants can live in the property, generally, until they die, and then the remaindermen become the exclusive owners of the property.
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What is the disadvantage of a life estate?
A potential legal disadvantage exists as well, however. The life tenant may become involved in any legal problems that a remainderman incurs. A lien could be filed against the parent's home if a parent and a child have created a life estate and the child is pursued for nonpayment of taxes.
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What is a special warranty deed in VA?
Special Warranty Deed Offers less protection than a General Warranty Deed. The seller only guarantees that they have done nothing during their ownership to encumber the property. It does not cover any issues that may have arisen before they took ownership.
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Are life estates transferable during the lifetime of the owner?
The owner of a life estate cannot leave the property to anyone in their will as their interest in the property will terminate at their death. The holder has full rights to possess and use the property, and may also transfer their interest during their lifetime.
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What does it mean to give someone a life estate?
A life estate deed is a legal document used in real estate to grant ownership of property to an individual for the duration of their life. When that individual passes away, property ownership automatically transfers to another person or entity of the original owner's choosing.
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