This form is a General Warranty Deed where the Grantor is an individual and the Grantees are four individuals. The Grantor reserves a life estate. The Grantees take the property as joint tenants with the right of survivorship or as tenants in common. Grantor conveys and generally warrants the described property to the Grantees. This deed complies with all state statutory laws.
San Antonio Texas General Warranty Deed - One Individual to Four Individuals with reserved Life Estate in Grantor
Category:
State:
Texas
City:
San Antonio
Control #:
TX-047-78
Format:
Word;
Rich Text
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How to fill out Texas General Warranty Deed - One Individual To Four Individuals With Reserved Life Estate In Grantor?
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FAQ
The individual holding the life estate ? the life tenant retains the legal right to possess and use the property during their lifetime. Upon the death of the life tenant, the property passes to the person or person who hold the remainder interest ? without the need for probate.
In a joint tenancy, when one owner dies, his or her share of the property passes to the decedent's heirs or to the persons named in the decedent's will. In a joint tenancy with right of survivorship, when an owner dies, his or her share of the property goes to the other owners.
In Texas, state and local court rules govern the various time periods that the executor must follow in probating a will. The general rule in Texas is that the executor has four years from the date of death of the testator (person who drafted the will) to file for probate.
A life estate is property such as land or a residence that a person owns and can use for as long as they are alive. They often share ownership of that property with another person or persons, which means that when the owner dies the title of that property is automatically transferred to the other owner or owners.
An interest in land that lasts only for the life of the holder. Thus, the holder of a life estate cannot leave the land to anyone in their will, because their interest in the land does not survive the person.
It does not transfer title to real property. However, Texas Estates Code 203.001 says it becomes evidence about the property once it has been on file for five years. The legal effect of the affidavit of heirship is that it creates a clean chain of title transfer to the decedent's heirs.
Life estate cons 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.
After the death of the life tenant (or earlier termination of the trust), the remaining capital of the trust fund can then be passed on to other individuals, known as the remaindermen, or a separate trust, as set out in the will.
Upon your death, all that is required for full title to be transferred to your beneficiaries is the filing of an affidavit in the county property records reflecting the date of your death, referring to the recording information for the Lady Bird Deed, and reciting that there are no outstanding debts of the estate, or