Life Estate Deed Form California: Fill & Download for Free

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PDF Editor FAQ

Is the remainder man in a Life estate sale made aware of and required to sign the deed?

In California, the remainderman would not need to be notified or to sign anything. The only exception is if the remainderman is the same person who granted the life estate. The person granting the life estate must sign the deed or other document transferring the life estate.

How do I terminate a life estate in California? I mean what documents do I file with the county recorder's office?

Think of the life estate as a joint owner of a property, you cannot do anything without their approval/consent. If the life estate holder agrees and wants to terminate the life estate only they can do by signing a transfer deed and or agreeing to sell the home and receiving what ever the life estate entitled them to if sold before their death.

If a joint tenant wants to sell his share, is a quit claim deed needed?

U.S. perspectiveIf a joint tenant wishes to sell his share, that can be accomplished most easily if the other joint tenant consents to such a conveyance.If the other joint tenant does not consent, then the joint tenant may be able to accomplish his objective via a suit for partition. However, the availability and effect of a suit for partition differs from state to state. For example:In California, the court is obligated to make certain determinations before partition of a joint tenancy will be ordered (for an excruciatingly detailed procedural description, see California Real Property Partition Law & Procedure).In Michigan, a recent case (see Partition Me? Unmarried Joint Tenants with Full Rights of Survivorship Fail to State a Claim in Michigan) held that a joint tenancy can only be partially partitioned: A court can order the division of the joint life estates, but such a division does not and cannot affect the dual contingent remainders, which are indestructible.Answering this quesiton directly: If a joint tenant wishes to sell his ownership interest in the property, and if such a sale is possible, he will need much more than a quitclaim deed.

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