Life Estate For Surviving Spouse

State:
Oregon
Control #:
OR-033-78
Format:
Word; 
PDF; 
Rich Text
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Description

This form is a Life Estate Deed where the Grantor is an individual and the Grantee is an Individual. Grantor conveys and warrants the described life estate to the Grantee. This deed complies with all state statutory laws.

A life estate for a surviving spouse refers to a legal arrangement that grants a surviving spouse the right to use and occupy a property for the remainder of their lifetime. This type of estate is typically established through a will or trust and serves to provide the surviving spouse with a place to live after the death of their spouse. In a life estate for a surviving spouse, the surviving spouse is referred to as the "life tenant." They have the right to live in and use the property as their own, including any associated benefits and income generated from it. The life tenant has the obligation of maintaining the property, paying property taxes, and insurance premiums during their lifetime. However, a life estate for a surviving spouse is not an absolute ownership interest. Instead, it is a form of ownership that terminates upon the death of the life tenant or if they choose to abandon or sell their interest. Once the life estate ends, ownership of the property usually passes to another designated beneficiary or reverts to the original granter or their estate. There are different types of life estates for surviving spouses, each with its own set of conditions and considerations. Some of these types include: 1. Life Estate with Remainder Interest: This type of life estate grants the surviving spouse the right to use and occupy the property for life, and upon their death, the property passes to a designated remainder beneficiary, such as children or other family members. 2. Life Estate with Power of Appointment: In this arrangement, the surviving spouse has the authority to appoint who will inherit the property upon their death. They can choose to direct the property to specific beneficiaries or even change the provisions in their will. 3. Life Estate with Reversion: With this type of life estate, the property reverts to the original granter or their estate after the death of the surviving spouse. It ensures that the property remains within the original owner's bloodline. 4. Life Estate with Trust: In this approach, the property is placed in a trust, and the surviving spouse becomes the beneficiary of the trust during their lifetime. This arrangement allows for more control and flexibility in the management and distribution of the property. Overall, a life estate for a surviving spouse provides a way to ensure that the surviving spouse has a place to live and financial security after the death of their spouse. It offers peace of mind and helps protect the surviving spouse's interests while also allowing for the orderly transfer of property to intended beneficiaries.

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FAQ

A dower ensured that a widow received support and a portion of her husband's property when he passed on. Curtesy granted a husband interest in his wife's property upon her death. It also prevented the husband from conveying his wife's estate to anyone else but their child(ren).

One common example of how a life estate can be used is to provide housing for someone until they die. Sometimes a child transfers a property to their parent for the rest of that parent's life. After the parent dies, ownership of the property reverts back to the child.

A conventional life estate is one created by grant from the owner of the fee simple estate. A legal life estate is one created by statute in some states and depends on the law of the state where the real estate is located. Examples of this type of life estate include curtsey and dower.

An additional potential problem with a Life Estate is that it does not offer creditor protection to the beneficiary, so if the heir has a debt or is sued, the creditor or court can come after the house. As you can see, a traditional Life Estate has the potential to create major conflict within a family.

Dower & Curtesy Defined At common law, the estate of dower is held by a widow upon her husband's death and consists of a life estate of one-third to one-half of the land owned by her husband if he held a freehold interest in the land (e.g., a fee simple) and the land is inheritable by the issue of the marriage.

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Life Estate for Surviving Spouse – A person may decide to give their surviving spouse the right to live in the residence for life (i.e. , "a life estate") and leave their children full ownership of the residence once the surviving spouse no longer lives there.A life estate is an interest in real property or assets that a person is given for the duration of his or her life. The main advantage of creating a life estate is peace of mind for you and your spouse or whomever you name as the life tenant. In a strongly worded dissent, Esson J.A. would have awarded the surviving spouse full title to the entire matrimonial home. Often, spouses use life estates to ensure that their marital home becomes the property of the surviving spouse upon the first spouse's death. For instance, when one spouse who owns a home dies, a legal life estate can let the surviving spouse remain in the home until he or she dies. A life estate is a legal way to pass the ownership rights of your home to another person. Learn more about creating a life estate and how it works. A life estate deed is a legal document that grants real estate ownership to two or more parties according to two types of interest.

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Life Estate For Surviving Spouse