Montgomery County Warranty Deed Reserving Life Estate Form (Mississippi)
All Montgomery County specific forms and documents listed below are included in your immediate download package:
Warranty Deed Reserving Life Estate Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Montgomery County compliant document last validated/updated 7/17/2024
Warranty Deed Guide
Line by line guide explaining every blank on the form.
Included Montgomery County compliant document last validated/updated 6/12/2024
Completed Example of the Warranty Deed Reserving Life Estate Form
Example of a properly completed form for reference.
Included Montgomery County compliant document last validated/updated 4/17/2024
The following Mississippi and Montgomery County supplemental forms are included as a courtesy with your order:
When using these Warranty Deed Reserving Life Estate forms, the subject real estate must be physically located in Montgomery County. The executed documents should then be recorded in the following office:
Montgomery County Chancery Clerk
614 Summit St / PO Box 71, Winona, Mississippi 38967
Hours: 8:00 to 5:00 M-F
Phone: (662) 283-2333
Local jurisdictions located in Montgomery County include:
- Duck Hill
- Kilmichael
- Stewart
- Winona
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Montgomery County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Montgomery County using our eRecording service.
Are these forms guaranteed to be recordable in Montgomery County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Montgomery County including margin requirements, content requirements, font and font size requirements.
Can the Warranty Deed Reserving Life Estate forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Montgomery County that you need to transfer you would only need to order our forms once for all of your properties in Montgomery County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Mississippi or Montgomery County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Montgomery County Warranty Deed Reserving Life Estate forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
A Mississippi warranty deed reserving a life estate is a legal document used to transfer property ownership while allowing the grantor (the person selling or giving the property) to retain possession and use of the property for the duration of their life. This type of deed offers both an immediate transfer of the property's title and a mechanism for ensuring that the grantor can live on or use the property until their passing. In Mississippi, a warranty deed is a deed where the grantor (seller) guarantees that they hold clear title to a piece of real estate and have a right to sell it to the grantee (buyer). The guarantee is not limited to the time the grantor owned the property---it extends back to the property's origins. This means that the grantor is guaranteeing that there are no encumbrances or claims on the property from before they took ownership.
89-1-33. Effect of word "warrant" in conveyance. The word "warrant" without restrictive words in a conveyance shall have the effect of embracing all of the five (5) covenants known to common law, to wit: seizin, power to sell, freedom from incumbrance, quiet enjoyment and warranty of title.
Reservation of Life Estate: This section specifically states that the grantor is reserving a life estate in the property. By doing so, the grantor retains the right to possess, use, and obtain any profits from the property for the duration of their life. Upon the grantor's death, the life estate automatically terminates, and the grantee possesses the property in full, without any further legal action.
Estate Planning: One of the primary uses of a warranty deed reserving a life estate is in estate planning. It allows individuals to ensure that their heirs or chosen beneficiaries receive the property upon their death while retaining the ability to live on or use the property during their lifetime.
Avoiding Probate: By using a warranty deed with a life estate reservation, the property will automatically pass to the grantee upon the death of the grantor, often avoiding the need for probate.
Protection for the Grantor: Since the grantor retains a life estate, they can continue to live on the property and cannot be forced off by the grantee or any subsequent owner. The grantee cannot sell, mortgage, or otherwise encumber the property in a way that would affect the grantor's life estate.
Tax Implications: There may be tax implications related to transferring property with a reserved life estate, both in terms of gift taxes and potential capital gains taxes. It's essential for individuals considering this option to consult with tax professionals and estate planners.
In summary, a Mississippi warranty deed reserving a life estate offers a flexible tool for estate planning, allowing property owners to pass on their property to chosen beneficiaries while retaining rights to the property during their lifetime.
(Mississippi WD Reserving LE Package includes form, guidelines, and completed example) For use in Mississippi only.
Our Promise
The documents you receive here will meet, or exceed, the Montgomery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Montgomery County Warranty Deed Reserving Life Estate form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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