Berkshire County Quitclaim Deed (Reserving Life Estate) Form

General Laws Chapter 183, Section 13 reads a reservation the way it reads a grant: unless a different intention clearly appears in the deed, a reservation of real estate is construed to reserve an estate in fee simple. A deed meant to hold back a life estate and nothing larger has to say so plainly on its face. This fillable Massachusetts quitclaim deed is drawn around that sentence: one record owner conveys the remainder in a parcel to the named remainder grantees and keeps a life estate in the same parcel for a stated measuring life.

The sentence the reservation has to clear

Section 13 excuses the old technical words of inheritance and then supplies a default: a deed or reservation is read as passing or holding back a fee simple unless the deed clearly shows otherwise. On a life estate deed that default runs the wrong way, so the operative section answers it twice. The granting sentence conveys the remainder in fee simple expectant upon the reserved life estate, and a capitalized sentence limits the estate held back to the term of the measuring life. Searches for a Massachusetts life estate deed, a deed reserving a life estate, or a remainder deed land here.

Two estates, and what each one may do

Delivery splits the parcel into a present life estate and a vested remainder, and Chapter 184 keeps them apart. Section 10 provides that no expectant estate is defeated or barred by an alienation or other act of the owner of the precedent estate, so the life tenant acting alone cannot undo the remainder later. Chapter 242 runs the other way, letting a remainderman sue in the nature of waste where a life tenant commits or suffers waste, the standard of Matteson v. Walsh. The covenants stay ordinary, bounded by Sections 11 and 17 of Chapter 183 to encumbrances the grantor made and claims traced through the grantor, and against none other.

The two lines a title examiner reads

Land Court Guideline 28, Life Estate Deeds, describes this instrument in the Commonwealth's own words. For registered land the certificate of title issues in the names of the remaindermen in whatever relationship the life estate deed states, joint tenants or tenants in common among them, followed by the rights the life tenants reserved exactly as those rights appear in the deed. Section 3 of the form is that relationship line, with Chapter 184, Section 7 supplying a tenancy in common where it is left blank, and Section 9 is the reserved rights line, taking possession, use, occupancy, leasing and the rents and profits.

One grantor, one measuring life, one homestead line

The form names a single record owner in Section 1 and measures the reserved estate by that owner's life. Chapter 188, Section 1 counts a life estate holder and a remainderman each as an owner for homestead purposes, so both sides of this deed hold homestead standing afterward, and Section 11 states what the deed releases and what continues as to the reserved life estate. Section 13 is a labeled release line, with its own certificate, for a non-owner spouse or former spouse residing in the property as a principal residence, the person clause (1) of Chapter 188, Section 10(a) names on a conveyance outside the family; it stays blank where there is none. A parent placing the remainder in adult children while keeping the house for life, and a sole owner passing the remainder to a sibling and staying in possession, both present the single-grantor pattern this deed carries. It is not set up for two record owners, two measuring lives, a life estate granted to someone other than the grantor, or an entity, trustee, or attorney-in-fact signer.

At the registry counter

The deed goes to the registry district covering the town where the land sits, at the statewide $155 deed fee, carrying the grantee address and consideration Chapter 183, Section 6 wants, the Section 6A title reference, and the Section 6B street address. Chapter 64D reaches consideration above one hundred dollars, which a nominal family transfer does not. The completed example runs a Berkshire Middle District pattern in Pittsfield, with a plan-book description and remainder grantees as tenants in common.

The download delivers this life estate quitclaim deed as a fillable PDF, the completed example, and a guide walking each numbered section, both certificates, the reserved rights and homestead entries, and recording. The materials describe Massachusetts law in general terms and are not legal advice.