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  1. #1

    Default Termination of a Life Estate by Warranty Deed

    My question involves real estate located in the State of: Oklahoma

    My understanding is that once a life estate is created, the only way to terminate a life estate is either by 1. death of the life tenant and/or 2. filing of an affidavit in which the life tenant appears and formally terminates the life estate. My question is this:
    Can a life estate be terminated by filing of a Warranty Deed in which the life tenant appears and conveys to another party (assuming that the only interest owned at the time of the conveyance is a life estate interest)? Is there specific language that must be present within that deed (i.e.....all my right, title and interest...) in order to accomplish this? Or would an instance such as this be considered a conveyance of the life estate; hence, the termination of the interest of the life estate owner?

    Also, can a life estate be owned by an entity such as a trust?

  2. #2
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    Default Re: Termination of a Life Estate by Warranty Deed

    If you're asking whether the life tenant can convey her interest to the remaindermen, thereby extinguishing the life estate, yes - under the doctrine of merger the life estate and remainder interest merge into fee simple.

    If you're asking if a life estate goes away if the life tenant conveys it to a third party, no, absent some provision that makes it non-alienable it remains in effect as long as the life tenant remains alive.

    If you are asking the life tenant to convey her interest to the remaindermen, that would typically be done by quit claim deed. Obviously a life tenant does not have clear title, and thus would not be able to warrant that she has clear title.

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