WHAT ARE BENEFITS OF CREATING A LIFE ESTATE? Quicken Loans’ recent article, “What Is A Life Estate And What Property Rights Does It Confer?” discusses the benefits of a life estate.
A life estate is an interest in real property that entitles the life estate owner (sometimes called the “life tenant”) to the right to occupy, possess, or otherwise use the property for the lifetime of one or more individuals (usually the lifetime of the person or persons who hold the life estate interest). A life estate owner has the right to possess and use the property for the duration of the life estate. A “remainderman” has an ownership interest in the real property. However, they have no right to possess or use it until the life estate terminates, typically when the life tenant dies.
While life estates are helpful tools, they do have several drawbacks:
Life estates help elderly homeowners set up a straightforward, legal directive for an heir to inherit property without probate. Life estates also let the owner control the property in most respects. If created in a timely manner, a life estate can even help its creator qualify for Medicaid assistance. However, life estates do have some disadvantages. Ask an experienced estate planning attorney if this is a good move for your situation.
WHAT ARE BENEFITS OF CREATING A LIFE ESTATE?
Reference: Quicken Loans (Aug. 9, 2022) “What Is A Life Estate And What Property Rights Does It Confer?”
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