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Estate - Legal rights and interests in your property

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.
  • 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.
Hi dhmtgm,

You will have to contact the owner of the property and request him to give you life estate rights to the property. The owner will have to sign the deed in order to give you the rights.
Posted on: 22nd Aug, 2012 12:09 am
My mother passes away. She owned 6/9th interest in property. She paid taxes for over 30 years. But all the heirs didn't sign their part over to her in 30 years. Now there is many deceased and many more heirs. If there is a master commissioner sale will we lose money or interst in this property. What is your advice.
Posted on: 10th Apr, 2013 08:28 pm
Hi Rhonda!

Welcome to the forums!

Well, this is something which a real estate attorney will be able to clarify. You should have a word with such an attorney and take his opinion in this regard.

Feel free to ask if you've further queries.

Sussane
Posted on: 10th Apr, 2013 09:33 pm
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