Posted on: 27th May, 2004 10:17 pm
Under the United States Common Law, Estate refers to all legal rights, interests, entitlements and legal obligations associated with a property.
In matters related to will and probate, an Estate includes the total property of the deceased owner. An estate on which some interest is held is often called "Estate in Land".
Estates are of the following types.
Estates are often a portion of the Fee Simple or Fee Simple Absolute in Common Law. Fee Simple is the most common form of ownership of real estate. It represents complete ownership in a property excepting certain limitations put forward by the government.
In general, estate in land comprises of estates of inheritance and those not allowing for inheritance. The former category includes fee simple and fee tail estates which pass on to heirs under the law with or without restrictions. The estates not meant for inheritance comprise of the estate for years and life estate. Here the owner has no interest in the property title at the end of the specified term and hence cannot convey anything to his heirs.
In matters related to will and probate, an Estate includes the total property of the deceased owner. An estate on which some interest is held is often called "Estate in Land".
Estates are of the following types.
- Life Estate:
A life estate refers to an estate in property that ends at the death of the owner. This implies that the heirs cannot inherit the property after the owner passes away. Neither can the owner convey an interest exceeding what he actually owns in the land. Usually the life of the owner or any other person determines the quantity of life estate.
- Estate for Years:
It includes an entitlement to the property by which a person can occupy the land as well as use it for a definite length of time.
- Estate at Will:
The occupation of the property by a tenant for an undefined period of time is the estate at will. Each of the parties can terminate the agreement at their will.
- Fee Tail Estate:
Fee tail estate describes a property which passes on to the owner's heirs at his death by the operation of the law. Such an estate cannot be sold or transferred through will.
Estates are often a portion of the Fee Simple or Fee Simple Absolute in Common Law. Fee Simple is the most common form of ownership of real estate. It represents complete ownership in a property excepting certain limitations put forward by the government.
In general, estate in land comprises of estates of inheritance and those not allowing for inheritance. The former category includes fee simple and fee tail estates which pass on to heirs under the law with or without restrictions. The estates not meant for inheritance comprise of the estate for years and life estate. Here the owner has no interest in the property title at the end of the specified term and hence cannot convey anything to his heirs.
Though you have a life estate to the property, you will not be considered as the owner. Thus, you won't have the legal rights to collect the dues. You can ask your husband to add your name to the property deed as the owner of the property. After he does so, you would be able to collect the rent from the tenants.
Can I still stay home after ny husband died, the house he brought before we got merried, because his kids kick me out from the house, and house still in morgate he maded befor we got merried too, there any problem if i continue pay the morgate
Hi sandra!
Welcome to forums!
If your name is not mentioned on the property deed, then you won't be considered as an owner of the property. If your husband had drafted a will and declared the kids as the beneficiary of the will, then they can probate it and transfer it in their names. In that case, the kids can ask you to leave the property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If your name is not mentioned on the property deed, then you won't be considered as an owner of the property. If your husband had drafted a will and declared the kids as the beneficiary of the will, then they can probate it and transfer it in their names. In that case, the kids can ask you to leave the property.
Feel free to ask if you've further queries.
Sussane
what is status, if father and mother decide to sign home ownership over to three sons 15 years before health problems but only oldest son present. now, father passed away in spring of 2010 after 3 years in nursing home. mother is still in nursing home but incompetent. oldest son asking for money for repairs to home but not forthcoming with status of estate. ???
Hi ruthie,
It will be better if you speak to an attorney in this regard and take his opinion. He will be able to guide you regarding the estate issue.
It will be better if you speak to an attorney in this regard and take his opinion. He will be able to guide you regarding the estate issue.
Both my parents are deceased, the house is paid for and my brothers name never appeared on the mortgage nor is it on the title, does he have any rights to stay in the house?
Hi Norma!
Welcome to forums!
If your brother's name is not on the property deed and if his name is not mentioned in the will, if your parents have left any, then he won't be able to claim any rights in that property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If your brother's name is not on the property deed and if his name is not mentioned in the will, if your parents have left any, then he won't be able to claim any rights in that property.
Feel free to ask if you've further queries.
Sussane
My Brother's estate had our Father's and brother's name on most of his property. My brother died almost 3 years ago, My brother's son signed off all rights. Do I as my brother's only sibling and my father's only child have any rights to any of this? Also, my father is dying of colon cancer. I am not in the will to have any of this.
Welcome Darlene,
If the will declares someone else as the heir to the property, then you won't be able to claim anything. Your father can even sign a warranty or a quitclaim deed and transfer the property to you. It will be better, if you could contact a real estate attorney and take his help in this matter.
If the will declares someone else as the heir to the property, then you won't be able to claim anything. Your father can even sign a warranty or a quitclaim deed and transfer the property to you. It will be better, if you could contact a real estate attorney and take his help in this matter.
Hi, My mother passed, found out her house was going into forclosure. My husband and I paid and brought the house out of forclosure status. We sinced moved into the property. My mother did not leave a will.She is divorced and I am her next of kin. My mother's property is in one state and I was named her administrator in another state (where she passed). Mortgage Co presented me an invitation to assume the mortgage but informed me that the deed must be transferred in my name first. How?
Hi Lauda,
You can file an affidavit of heirship at the county recorder's office which will help you in transferring the property in your name. After that, you can assume the mortgage.
Thanks
You can file an affidavit of heirship at the county recorder's office which will help you in transferring the property in your name. After that, you can assume the mortgage.
Thanks
Thank you for that informative article you got there. It is important to know the basics especially in knowing your legal rights. If you have enough knowledge about this I'm sure every one can have the advantages over solving their property problems. Unfortunately if you don't have any enough knowledge about these it will surely be used against you in the future.
Can a son who owns the house be evicted by his mother who has a lifetime stay there or what rights does the owner have in this situation?
Hi Michelle!
Welcome to forums!
If the property is in the name of the son and the mother has a life estate claim on it, then neither the son nor the mother can be forcefully evicted from the property. If the mother has done so, then it will be considered as illegal. The son should have a word with a real estate attorney and take his opinion in this matter.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If the property is in the name of the son and the mother has a life estate claim on it, then neither the son nor the mother can be forcefully evicted from the property. If the mother has done so, then it will be considered as illegal. The son should have a word with a real estate attorney and take his opinion in this matter.
Feel free to ask if you've further queries.
Sussane
how can i get lifetime rights to a home i rent