A Life Estate Deed is a legal document that grants ownership of real property into two separate parties: (1) Life Tenant, and (2) Remainderman. Upon Life Tenant’s passing, the real property automatically vests with the Remainderman by operation of law and outside of probate. In other words, a Life Estate Deed is the equivalent of a beneficiary designation for real property.
Generally, there are two types of life estates, with powers and without powers. A Life Estate
With Powers means that the Life Tenants retains the power to sell, mortgage, or convey the real property as the individual wishes during the individual’s lifetime. A Life Estate Without Powers is often used when planning for Medicaid. With this type of deed, the Life Tenant gives-up the power to sell, mortgage, or convey the real property to others. If the Life Tenant wishes to do such things with the real property they will need the written consent of the Remainderman or extinguish the life estate again with consent of the Remainderman.
It is important to speak with an attorney about these types of deeds and whether either is appropriate for your situation.