A life estate helps avoid the probate process upon the life tenant’s death. The property will automatically transfer to the remainderman, making the process simple and easy – a will isn’t needed for the transfer to happen.

A life estate helps avoid the probate process upon the life tenant’s death. The property will automatically transfer to the remainderman, making the process simple and easy – a will isn’t needed for the transfer to happen. It’s also a way to protect the home from Medicaid estate recovery.

What happens to a parent’s estate after death?

Your parent’s estate, which consists of the assets they owned at the time of their death without joint owners and without beneficiaries, will pass according to your state’s laws. In some cases, you or another family member might need to initiate probate proceedings to gain title to estate assets.

Is it the right decision to create a life estate?

Creating life estate is the right decision if the correlation among the life tenant and the remaindermen are correct—for example, if they are a parent and child or siblings in good position—then they can all work unitedly to sustain the property for betterment.

How does the remainder of a life estate work?

Remainderman Deed The person who owns a life estate still has a stake in the estate, the ‘remainder’ of the property interest transfers to the life tenant of the estate on the life estate deed. For example;

How to record a new deed after the death of a life estate holder?

Using the information in this deed, along with the deceased’s death certificate, you can prepare and record the required title transfer document to clear title. To record a new deed after the death of a life estate holder, you’ll need to obtain the deceased individual’s death certificate and file it along with the original deed and required forms.