The Harris Texas Affidavit As to Termination of Life Estate Created by Deed / Assignment is a legal document commonly used in Harris County, Texas, to terminate a life estate that was created by a deed or assignment. This affidavit serves as proof of the termination and is typically filed with the relevant county clerk's office. A life estate is a legal arrangement in which a person (known as the life tenant) retains the right to live on and use a property during their lifetime, while another person (known as the remainder man) holds the future interest in the property, ready to take possession upon the death of the life tenant. However, circumstances may arise where the life estate should be terminated, such as when the life tenant, or both the life tenant and remainder man, agree to terminate the life estate. There are two main types of Harris Texas Affidavits As to Termination of Life Estate Created by Deed / Assignment: 1. Unilateral Termination Affidavit: This type of affidavit is used when the life tenant unilaterally decides to terminate the life estate. In this case, the life tenant would complete the affidavit, stating their intent to terminate the life estate, and sign it in the presence of a notary public. This document should include the legal description of the property, as well as the names and signatures of all parties involved in the life estate. 2. Mutual Agreement Termination Affidavit: This type of affidavit is used when both the life tenant and the remainder man mutually agree to terminate the life estate. Both parties would need to complete the affidavit, stating their shared intent to terminate the life estate, and sign it in the presence of a notary public. This document should also include the legal description of the property and the names and signatures of all parties involved. Keywords: Harris Texas, Harris County, Texas, Affidavit, Termination, Life Estate, Deed, Assignment, Unilateral Termination Affidavit, Mutual Agreement Termination Affidavit, Life Tenant, Remainder man, Legal Description, Notary Public.
Harris Texas Affidavit As to Termination of Life Estate Created by Deed / Assignment
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How to fill out Harris Texas Affidavit As To Termination Of Life Estate Created By Deed / Assignment?
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FAQ
The LBD grantor has the right to revoke the LBD either by filing a revocation document or by filing a subsequent conflicting LBD. Additionally, the LBD allows the grantor to retain all control, including the right to sell, gift or otherwise transfer the property.
A Lady Bird deed is a special kind of deed that is commonly recognized by Texas law. Also called an enhanced life estate deed, it can be used to transfer property to beneficiaries outside of probate. It gives the current owner continued control over the property until his or her death.
If the property owner is deceased, he or she can no longer sign the deed. In that case, you need something different such as an Affidavit of Heirship, a probated Will or a court order determining heirship. First the deceased owner's name must be removed from the record ownership of the house (the title).
Harris County Clerk Probate Department Harris County Civil Courthouse. 201 Caroline, Suite 800. Houston, TX 77002. (713) 274-8585.
People who can file an application to determine heirship include the following: the personal representative of the estate, a creditor of the estate, a person claiming to be the owner of all or part of the decedent's estate, a party seeking the appointment of an independent administrator.
Where do you file an affidavit of heirship? An affidavit of heirship must be filed with the real property records in the county where the land is located. Call the county clerk and ask how much their filing fees are. The filing fees vary from county to county.
A life estate may terminate, during the lifetime of the life tenant, upon the occurrence of any act providing for the termination in the instrument creating the life estate. A life estate may terminate by the merger of the estate of the life tenant and the estate of the reversioner or remainderman.
The Heirship Affidavit need only be signed Page 2 and sworn by the disinterested parties. All signatures must be in the presence of a Notary Public. Clerk of the county of decedent's residence, along with an Order for the Judge to sign approving it as conforming with the requirements of TPC §137.
The life tenant may terminate the life estate while the said person is still living by forming and entering another deed to the same estate that precisely ends the deed. A deed ending a life estate has typically the remainderman named on the first life estate deed as the beneficiary of the mentioned estate.
Instructions for SMALL ESTATE AFFIDAVIT Cost is $195.00 & must be submitted when the Affidavit is filed. Court cost includes ONE (1) Certified Copy of the Affidavit & Order Approving.
