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Alabama Warranty Deed for Retention of Life Estate (Husband and Wife to Husband and Wife)

State:
Alabama
Control #:
AL-SDEED-8-7
Format:
Word; 
PDF; 
Rich Text
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Description

This form is a Warranty Deed where the grantors are husband and wife and the grantees are husband and wife. The grantees have a life estate interest in the named property.

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FAQ

To dissolve a life estate, the life tenant can give their ownership interest to the remainderman. So, if a mother has a life estate and her son has the remainder, she can convey her interest to him, and he will then own the entire interest in the property.

A remainderman is a property law term that refers to the person who inherits or is entitled to inherit property upon the termination of the life estate of the former owner.That person to whom ownership of the property is transferred is the remainderman.

A life estate is usually property that has been acquired during the lifetime of a person with his or her ownership only lasting through the time he or she lives.This also means he or she cannot sell it, rent it or alter it until the life tenant passes on or leaves permanently.

What happens to a life estate after someone dies? Upon the life tenant's death, the property passes to the remainder owner outside of probate.They can sell the property or move into and claim it as their primary residence (homestead). Property taxes will not be reassessed.

Can a life estate deed be changed? It is challenging to modify or change a life estate deed. The grantor cannot change the life estate as he or she has no power to do so after creating the life estate deed unless all of the future tenants agree. It requires the permission or consent of every one of the beneficiaries.

Alabama does not allow real estate to be transferred with transfer-on-death deeds.

A life estate is a form of joint ownership that allows one person to remain in a house until his or her death, when it passes to the other owner.

A person owns property in a life estate only throughout their lifetime. Beneficiaries cannot sell property in a life estate before the beneficiary's death. One benefit of a life estate is that property can pass when the life tenant dies without being part of the tenant's estate.

A California Revocable Transfer-On-Death Deed does not take effect until the property owner dies.As long as the original owner is alive, he can revoke the transfer, sell the property, add or remove beneficiaries, and otherwise maintain complete control over the property.

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Alabama Warranty Deed for Retention of Life Estate (Husband and Wife to Husband and Wife)