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  1. #1
    Join Date
    Aug 2009
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    2

    Default How to Remove a Life Estate

    My question involves estate planning in the state of: Life Estates.

    We have a life estate issue. The property is in my fiance's name who has had the property in his possession for over 10yrs. The property has been maintained by him, paying all costs. The person who has the life estate almost lost the house to back taxes, which my fiance's mother paid. The property has gone through probate and my fiance is trying to sell it but the life estate is still showing on the title. How can we get it removed??? The property is in MI.

  2. #2
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: How to Remove a Life Estate

    Are you saying that there is a living person who has a life estate in the property but isn't living there? Or, that the person who had the life estate has died?

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: How to Remove a Life Estate

    If you're stating that your fiancÚ is the remainderman, and that the sole life tenant has now died, he can probably complete the transfer by preparing a new deed which he can file with the register of deeds along with a certified death certificate. I suggest that he have a real estate professional draft up the deed, to make sure that it's accurate and in proper form.

  4. #4
    Join Date
    Aug 2009
    Posts
    2

    Default Re: How to Remove a Life Estate

    the person who has the life estate is still alive. He signed a deed giving the property over to my fiance's mother who then deeded over to my fiance. Is there a way to dissolve the life estate without having to have a deed signed removing the life estate?? Or is there no other way to remove a life estate??? The life estate holder and my fiance's family are not on speaking terms.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How to Remove a Life Estate

    When somebody is a life tenant and you want to acquire their life tenancy and right of possession, you can buy it, convince them to make a gift of it to you, wait for them to die, or succeed in a lawsuit accusing them of waste (where they don't remedy the waste so that they can remain in possession).

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Remove a Life Estate

    Quote Quoting jtaylor13
    View Post
    My question involves estate planning in the state of: Life Estates.

    We have a life estate issue. The property is in my fiance's name who has had the property in his possession for over 10yrs. The property has been maintained by him, paying all costs. The person who has the life estate almost lost the house to back taxes, which my fiance's mother paid. The property has gone through probate and my fiance is trying to sell it but the life estate is still showing on the title. How can we get it removed??? The property is in MI.
    so, how has your fiance had possession of anothers rightful possession? Has your fiance been paying any rent to the life estate holder? Has your fiance prevented the life estate holder from possessing the house?

    Do you even understand what a life estate is and the rights of the life estate holder? and the remaindermans rights?

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