What is a life estate deed and how does it work?
A life estate deed is a legal document that allows for a person to own a property for the remainder of their life. It is considered a type of property conveyance that can be used to determine what will happen to a particular piece of real estate when the person dies. In South Carolina, a life estate deed must outline the ability of the life tenant to possess the property while alive, as well as the rights of the remainderman to take ownership of the property once the life tenant passes away. The most important aspect of a life estate deed is the right of possession. As long as the life tenant is alive, they have the ability to possess the property and use it as they desire. This includes the right to manage and occupy the property, albeit with some restrictions, such as making repairs and improvements to the property, or renting it to tenants. The remainderman is the person who will take ownership of the property after the life tenant passes away. The remainderman will be specified in the life estate deed. The remainderman should have the right to enter the property, inspect it, and have any legal fees associated with transferring the title of the property paid for by the life tenant. To be valid in South Carolina, a life estate deed must be properly executed by all parties involved and filed with the county clerk. It must also include the name of the life tenant, the legal description of the property, and the name of the remainderman. With a properly drafted and executed life estate deed, the remainderman will have the right to take ownership of the property after the life tenant passes away.
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