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  1. #1
    Join Date
    Dec 2017
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    1

    Default Can a Life Estate be Granted to More Than One Person by Separate Deeds

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

    I have a single parent who was the owner of a property, they had signed for and named an individual as a life estate holder - this deed was recorded and was done not only to protect the individual a secure living arrangement but also for medicaid/saving the home issues, there is also another deed signed/notarized naming another life estate holder (#1, is this valid? I know a deed in tx is legal if given to the person and not necessarily recorded BUT is it legal since it was signed by the remainderman/property owner) - #2 would it have needed to be signed by the other life estate holder as well?

    IF both, possibly a 3rd life estates are valid/legal, what is the process if the remainderman has passed? (leaving a will and naming only child/heir as beneficiary/executor). Attorneys i have spoken to seem to get very confused when it comes to the subject of life estates and it makes me very wary Mind you, i would like to ensure the named life estate holders also have their living arrangements secured within the home, hence the need to get the correct answers, i feel like if we have those deeds, we need to get them recorded to make sure we don't end up with issues from the state but then i also need to know if the state can claim those deeds as non legal and attempt to take said estate.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can a Life Estate be Granted to More Than One Person by Separate Deeds

    If you grant a life estate to person A, retaining only a remainder interest for yourself, you cannot give an overlapping life estate to another person. If you later grant a life estate to person B, again with yourself as remainderman, that life estate would not start until person A either passes away or is otherwise removed as a life tenant -- the only think that the remainderman can convey at that point is some portion of their remainder interest.

    If a remainderman passes away before the life tenancy ends, the remainder interest would normally become an asset of the remainderman's estate.

    You have indicated that the first grant of a life estate was recorded, presumably with the life tenant exercising his or her rights as a life tenant. For any deed that was not recorded, it's possible that the deed was not delivered and is not enforceable; the lawyer for the estate should examine the deeds, evaluate the full facts, and advise the estate based upon the outcome of that review.

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