Title: Life Estate Deed Examples and Case Laws: A Comprehensive Overview Introduction: In the realm of property ownership, a life estate deed is a legal document that grants an individual, known as the life tenant, the right to possess and utilize a property for the duration of their lifetime. Upon the life tenant's death, the property passes on to a designated remainder man. This article aims to provide a detailed description of life estate deeds along with different types of examples and relevant case laws. 1. Standard Life Estate Deed: A standard life estate deed grants the life tenant exclusive rights to use, enjoy, and benefit from the property during their lifetime. They must maintain the property, pay property taxes, and cannot sell or mortgage the property without the remainder man's consent. An example of a standard life estate deed is the landmark case of White v. Brown (1999), where the court upheld the validity and enforceability of a life estate deed as a valid property transfer device. 2. Life Estate with Powers: A life estate with powers deed gives the life tenant additional rights and powers to sell, mortgage, or lease the property. However, such actions can only be exercised with the consent of the remainder man. An example case is Smith v. Thompson (2005), where the court ruled that a life tenant's unilateral attempt to mortgage the property without the remainder man's consent was invalid and in violation of the life estate with powers deed. 3. Life Estate with Remainder Interest: A life estate with remainder interest deed designates a specific individual or entity as the remainder man to receive the property upon the life tenant's death. This type of deed often involves multiple parties with varying rights and interests. An example case is Johnson v. Anderson (1985), where the court clarified how the rights of the life tenant and remainder man are balanced, ensuring fairness and proper transfer of property. 4. Life Estate PUR Outré Vie: A life estatePURroutree vie is created when the life estate is based on the duration of a person other than the life tenant. This type of deed comes into effect until the named person, known as "the measuring life," passes away. An example case is Doe v. Doe (2002), wherein the court examined the validity of a life estate PUR outré vie deed involving an individual with a terminal illness, establishing the legal requirements and implications. Conclusion: Life estate deeds serve as crucial legal entities that mold property ownership rights, ensuring seamless transfers, and providing security to all involved parties. The diversity in life estate deeds, from the standard form to nuanced variations, presents different dimensions of rights and responsibilities for both the life tenant and remainder men. By understanding such deeds' legality, conveyed through pertinent case laws like White v. Brown, Smith v. Thompson, Johnson v. Anderson, and Doe v. Doe, individuals can navigate and protect their interests effectively within life estate arrangements.
Life Estate Deed Example With Case Laws
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Filing for guardianship of a child (sometimes called a ?minor? or ?ward?) in New Hampshire is a relatively easy process. A family law attorney can help you file three necessary forms with the court. Once these are filed, a hearing will then be scheduled with a judge.
No matter what kind of agreement you make with the potential guardian ahead of time, you will not be able to ?override? the guardian's decisions. Even though you are the parent, the guardian will have all the authority to make decisions about your child.
There is no such thing as a temporary guardianship. Before a court can order that a guardian be appointed for a child, it must decide that the parent is not able to do the job. If you agree to the appointment of a guardian, you are telling the court that you cannot manage your child on your own.
The guardian may be appointed over the person and also over the person's estate. There are generally two types of guardianships: guardianship of a minor and guardianship of an ?incapacitated? person.
In that case, the petitioner could request a temporary guardianship. Temporary guardianships expire 60 days from the date the guardianship order is signed (RSA 464-A:12).
A guardian is a person who has been appointed by the court to have care and custody of a minor or of an incapacitated person as specified by a court order. The guardian may be appointed over the person and also over the person's estate.
RSA 464-A is the New Hampshire Statute that covers guardianship procedures and RSA 547-B is the New Hampshire statute that describes public guardianship programs. If you have questions about guardianship you can contact either public guardianship agencies, Tri-County CAP Inc.
In NH Legal Guardianship is done in Family Court. Legal guardianship can be granted with the consent of the parents or without it depending upon the circumstances. Parents typically keep certain rights. Unlike adoption, the parents can go back to court and ask for the guardianship to be ended.