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Georgia Enhanced Life Estate Warranty Deed from Individual to Individual

State:
Georgia
Control #:
GA-01-83
Format:
Word; 
Rich Text
Instant download

Description

This form is a Warranty Deed with a retained Enhanced Life Estate where the Grantor is an individual and the Grantee is an individual. This form is also known as a "Lady Bird" Deed. Grantor conveys the property to Grantee subject to an enhanced retained life estate. The Grantor retains the right to sell, encumber, mortgage or otherwise impair the interest Grantee might receive in the future, without joinder or notice to Grantee, with the exception of the right to transfer the property by will. This deed complies with all state statutory laws.

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FAQ

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.

With a life estate deed, the remainderman's ownership interest vests when the deed is signed and delivered (or recorded in the public record). Accordingly, the children's ownership interest in the property vested upon their father signing the deed and recording it in the public records, or the year 2000.

Can a life estate deed be contested? The answer is YES! The Life estate is an agreeable choice, particularly where there is an advantage in having the life estate revert back to its real owner (Grantor or Life Tenant).

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 life estate deed permits the property owner to have full use of their property until their death, at which point the ownership of the property is automatically transferred to the beneficiary.

Possible tax breaks for the life tenant. Reduced capital gains taxes for remainderman after death of life tenant. Capital gains taxes for remainderman if property sold while life tenant still alive. Remainderman's financial problems can affect the life tenant.

The life tenant cannot change the remainder beneficiary without their consent. If the life tenant applies for any loans, they cannot use the life estate property as collateral. There's no creditor protection for the remainderman. You can't minimize estate tax.

1The date the deed was made;2The name of the party granting the life estate and their address;3The name of the grantee and their address;4The address and a legal description of the property that is subject to the life estate;How to Set up a Life Estate: 10 Steps (with Pictures) - wikiHow\nwww.wikihow.com > Set-up-a-Life-Estate

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Georgia Enhanced Life Estate Warranty Deed from Individual to Individual