Creation Of A Life Estate

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Creation of a Life Estate in New York

Welcome to Morgan Legal Group P.C., your trusted partner in understanding and establishing life estates in New York. Our experienced attorneys specialize in helping clients navigate the intricacies of this legal arrangement, which allows property owners to transfer their property while retaining the right to use and enjoy it during their lifetime. In this comprehensive guide, we will provide insights into what a life estate is, its benefits, the process of creating one, and how our firm can assist you in securing your property and assets.

Understanding a Life Estate

A life estate is a legal arrangement that divides ownership of a property between two parties: the life tenant and the remainderman. The life tenant retains the right to use and occupy the property during their lifetime, while the remainderman becomes the owner of the property after the life tenant’s passing. This arrangement ensures a seamless transfer of property while allowing the original owner to maintain certain rights.

Benefits of Establishing a Life Estate

Creating a life estate offers several advantages:

Retaining Residence

Seniors can continue residing in their homes for life, providing comfort and security.

Avoiding Probate

Property passes directly to the remainderman, avoiding the lengthy probate process.

Medicaid Planning

A well-structured life estate may assist in Medicaid eligibility for long-term care.

Tax Benefits

Life estates can result in reduced estate and inheritance taxes.

Protection from Creditors

Property in a life estate is often protected from claims by creditors.

Process of Creating a Life Estate

Establishing a life estate involves several steps:


Our experienced attorneys will discuss your goals and evaluate whether a life estate is the right option for you.

Deed Creation

A new deed is drafted, transferring ownership to the remainderman while retaining the life estate for the original owner.


The deed is recorded with the county clerk to make the transfer official.

Life Tenant Rights

The life tenant can live in and maintain the property, but cannot sell or mortgage it without the remainderman’s consent.

Passing of Property

Upon the life tenant’s passing, the property automatically transfers to the remainderman without probate.

How Morgan Legal Group P.C. Can Assist

Our dedicated attorneys are here to guide you through every step of the life estate creation process:

  • Thorough Evaluation: We assess your situation to determine if a life estate aligns with your goals.
  • Document Preparation: Our experts draft the necessary legal documents to establish the life estate.
  • Legal Guidance: We provide detailed explanations of the process and answer all your questions.
  • Effective Transfer: Our team ensures that the deed is properly recorded and the transfer is executed seamlessly.

Contact Us to Create Your Life Estate

If you’re considering creating a life estate in New York, Morgan Legal Group P.C. is here to provide expert legal guidance. Our experienced attorneys have a proven track record of assisting clients in establishing life estates to secure their property and assets. Contact us today to schedule a consultation and take the first step toward ensuring a smooth transfer of property while retaining your rights and security.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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