Legal Question in Real Estate Law in California
life estate
Can a life estate be taken back by the grantor after it has been given to the grantee?
3 Answers from Attorneys
Re: life estate
Not if it was recorded. Call me directly at 16198468947.
Re: life estate
No.
Of course, there might be a defect in the original grant, which might make it void or voidable; or perhaps it was given on a condition subsequent ("I hereby grant you a life estate in Blackacre, but upon the condition that you remain in residence there, and do not allow your children to smoke cigars in the house").
Also, it is possible, although rare, for a life tenancy to be measured by the life of someone other than that of the grantee (I, X, hereby grant Blackacre to Y for so long as Z shall live").
Re: life estate
Further, recording is not necessary; all that is necessary is a deed in acceptable format, duly delivered to the grantee.
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