QUESTION

If I release, sell or give my life estate to my child, can they then obtain a loan on house?

Asked on Jan 28th, 2017 on Trusts and Estates - Georgia
More details to this question:
I am willing to allow a small loan on house, but do not know if I can release, sell, or give my life estate to them and would this allow a loan to be taken out if I do so?
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2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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Life estates are very difficult to give general advice about.  They derive from language contained in a will. Rarely is one life estate just like another. You cannot give away life estate. They exist for your life and generally only for you to reside in a home. If your child is the residuary beneficiary of your life estate, then giving the life estate to your child will unify the deed and allow the child to own the home in fee simple. This will result in the child being able to do whatever she wants with the home. Of course, you then have no additional rights to the home and can be evicted by your child. Without reading the language that created the life estate, it is hard to give complete advice about this situation.
Answered on Jan 30th, 2017 at 6:39 AM

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Wills Attorney serving Alpharetta, GA
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You don't provide enough information to answer the question here, and this isn't a forum that is suited to answering a specific, facts-based question like the one you're asking. In order to have someone actually able to tell you what might be possible, you really need to have an attorney review the documents that created the life estate, so that the attorney knows whether an restrictions apply to it, who the remainder beneficiaries are, and other facts. In general, IF you hold a life estate, you may be able to let your child have the use of the property during your lifetime, but your child still may not be able to take out a loan on the house unless the child is the only remainder beneficiary. But these general statements are subject to many possible variables, and without seeing the actual document that created the life estate it's not possible to tell you how yours is set up. Best wishes to you.
Answered on Jan 30th, 2017 at 6:01 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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