Legal Question in Real Estate Law in Massachusetts

Life Estate Deed

My father placed his home into a Life Estate Deed 4 years ago. All of his 4 children have been placed on the Life Estate Deed. Unfortunately one of his children is in the process of getting divorced. Should this be viewed as an Asset or a Future Inheritance?

Thank You for your help.


Asked on 2/12/08, 3:43 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Life Estate Deed

If a child has a life estate, depending on how it written, this has a value.

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Answered on 2/12/08, 3:45 pm

Re: Life Estate Deed

It is an asset but its value will be very small depending upon your father's age and it could be argued it is a future inheritance.

There is a specific formula for determing the value of the life estate. It will be far larger than you might expect as the life estate tables are based on a life expectancy of more than 100.

I suggest your brother get an attorney if he is getting a divorce.

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Answered on 2/12/08, 4:06 pm


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