Can an irrevocable Life Estate Deed be changed to a Revocable Life Estate Deed if all the remaindermen agree?

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Can an irrevocable Life Estate Deed be changed to a Revocable Life Estate Deed if all the remaindermen agree?

Asked on January 16, 2012 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the irrevocable life estate deed has or has not been recorded or tranferred to the person receiving the life estate, the remainderman under the deed and the grantor can agree that the life estate is now revocable.

However, if the life estate deed has been recorded, the person who receives the life estate has the final say as to whether he or she wishes to give up the life estate in the real property given to him or her.

To be more specific in the answer, you need to be a bit more specific concerning the fact pattern you are writing about.


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