Can a Life Estate Be Willed to Another When the Life Tenant Dies?
Full Question:
My question involves real estate located in the State of: New York. A family member is granted all property, April 2006, via 'Warranty Deed with Reserved Life Use' by their mother. Clause in deed is as follows:Excepting and reserving to the party of the first part, herein named, XXXXX XXXXX, life estate for and during her natural lifetime. This life use is personal and not assignable or transferable. She then dies. When will is read, she willed the life use of her home to another sibling. Since the entire property became the grantees upon her death and the deeds reads not assignable and nontransferable, and the other sibling is not mentioned at all on the warranty deed, does life use for this person exist?
06/02/2011 |
Category: Real Property ยป Deeds |
State: New York |
#24952
Answer:
A life estate is defined by the life of the life tenant. When the life tenant dies, the life estate is terminated. After the death of the life tenant the estate either reverts back to the title holder or to the survivor or remaindermen mentioned in the deed bestowing life estate. The life tenant can't bequeath a life estate to anyone.
