An enhanced life estate deed is a special type of legal device that allows a person to transfer their property to a recipient (beneficiary) upon their death. In most cases, property must be transferred through the court probate process, which can be costly and can take some time. However, an enhanced life estate deed allows the transfer of property to occur while avoiding the probate process.
Enhanced life estate deeds are similar to regular life estate deeds in that the property owner retains ownership of the property until their death. However, enhanced life estate deeds have fewer restrictions and more benefits. For instance, the property owner can sell or profit from their property during their lifetime, and they can also remain qualified for certain benefits such as Medicaid.
Enhanced life estate deeds are also known by other names, such as “enhanced deeds” or “lady bird deeds.” Not all states allow enhanced life estate deeds.
As with any type of life estate deed, various legal issues can be connected with an enhanced life estate deed. Some common estate disputes include:
Life estate deed disputes can be difficult to resolve, especially in cases where the property owner is already deceased. In such cases, the property owner cannot be spoken to directly, and so remedies for a dispute may require a re-analysis of various documents that they left behind. Estate disputes can sometimes be resolved through:
In many cases, a monetary damages award may be sufficient to reimburse a party for losses related to an enhanced life estate deed. In other cases, different remedies may apply, such as an injunction requiring the deed to be transferred immediately to a beneficiary.
Enhanced life estate deeds are complex legal documents, and may be allowed only in some states. You may need to hire an estate lawyer if you need guidance or direction when it comes to an enhanced deed. Your attorney can help research the laws for you to determine whether an enhanced life estate deed is appropriate for your needs. Also, your lawyer can help when it comes to drafting and reviewing documents. If you need to appear in court or file a lawsuit, your attorney can guide you through that process as well.
Last Modified: 10-03-2016 09:17 PM PDTLaw Library Disclaimer
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