Can I Create a “Life Estate” Using a Last Will and Testament?

A Last Will & Testament cannot create a binding “Life Estate” in real property, as it is not a deed.

Life Estates are created by transferring certain interests in a real property via a deed (i.e. a deed to a third party which retains a life estate in the grantor).

While a Last Will and Testament can certainly provide notice of the deceased person’s desires or intentions

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What is the Difference Between a Will and a Living Will?

Generally, a Last Will and Testament outlines the distribution of a person’s assets upon his or her death, while a Living Will defines the type of health care a person wishes to receive if incapacitated and unable to make such decisions directly.

In most instances, the person who is creating either one of these documents should

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