Does a lifetime home clause in a deed, transfer to a new spouse in the event of the named person’s death?

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Does a lifetime home clause in a deed, transfer to a new spouse in the event of the named person’s death?

Can a life estate be transferred?

Asked on June 25, 2011 under Real Estate Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

One would need to read the deed in order to interpret the clause an the intent of the document. A life estate can be specific to any life.  In other words, I can give you a life estate in my property not for the duration of your life but for the duration of my life.  Or I can give you my property but retain a life estate in it for myself.  So how it is written matters.  Generally speaking, though, it is not "transferable" upon death.  So someone can not inherit  the life estate of another and someone can not "leave" their life estate to someone.  Please go and get some one to help you with this.  Good luck.


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