Legal Question in Wills and Trusts in California

Life estate form

Where do I find a life estate form


Asked on 11/09/07, 5:29 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Life estate form

You don't. You use a Quitclaim deed and the owner of the property conveys the remainder interest reserving to himself or transferring to someone else a life estate.

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Answered on 11/10/07, 3:55 pm
George Shers Law Offices of Georges H. Shers

Re: Life estate form

You can give some one a life estate [they have the right to use the property during their life time without having to pay any rent but can not sell it, obtain a loan against it, or damage it in any fashion]simply by stating in writing, and recording it, that you hereby grant to X a life estate in that property known as Y [address] and more particularily stated in the legal description as [add a copy of the legal description photocopied from the deed], with such right restricted by the usual restrictions on a life estate plus the following [add whatever restrictions you want to]. The consideration for this contractual agreement is and grantor reserves the right unilaterally to terminate the agreement if any of the following occur or any incident normally resulting in termination of a life estate.

Be sure you do want to give up the usage of that property for the person's life. Consider what additional restrictions you want; if you should die first, do you still want them to have a life estate, would it be better to rent the property to them and then pay them a certain amount to take care of the property or do other things for you, what happens if you want to sell the property, etc. go to the law library near you and look up the law as to life estates and what dangers and benefits exist.

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Answered on 11/10/07, 1:36 am


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