Are life estates legal in all states?

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Are life estates legal in all states?

We have this for my mom’s house so that if she dies/goes into nursing home the house automatically goes to my brother and myself with minimal headaches. She maintains as her residence until said time. We’re trying to see if we can to the same for my uncle in another state to ease the legal stress for the same purposes when the time comes.

Asked on November 13, 2011 under Estate Planning, Florida

Answers:

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

Answered 9 years ago | Contributor

Estate planning is such a good idea and so easy when the situation is at a status quo.  You did not mention the name of your Uncle's state to be able to look up the law there but you can possibly do that yourself by googling the term "life estate" and the State in which he lives.  Now, just make sure that if your Uncle lives in any sort of development there are no restrictions on a life estate.  If, for example, he lived in New York there are some cooperative communities that do NOT permit life estate's mostly for control of who can and can not live at the property within their community.  Generally those type of communities require board approval to live there.  Good luck.  


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