Life Estate Deed (Reserved Life Estate) - Connecticut

IMPORTANT LEGAL NOTICE
This is a TRADITIONAL RESERVED LIFE ESTATE DEED. The Grantor conveys the remainder in the Property to the Remainderman while RESERVING a life estate for the life of the named Life Tenant. The Life Tenant keeps exclusive use and possession for life; at the Life Tenant's death, the already-conveyed remainder becomes possessory, outside the Life Tenant's probate estate. Once delivered and recorded, this deed is IRREVOCABLE and creates a present, vested remainder. Have a Connecticut attorney review the deed and closing.

THIS IS NOT A "LADY BIRD" / ENHANCED LIFE ESTATE DEED.
In a traditional reserved life estate (this form), the Life Tenant CANNOT sell, mortgage, gift, or revoke the fee without the Remainderman joining. This form does not reserve a unilateral power to sell or revoke. If you want to retain that control, ask Connecticut counsel to select an appropriate instrument before signing.

LIFE ESTATE DEED (RESERVED LIFE ESTATE)

State of Connecticut

RECORDING INFORMATION

This Instrument Prepared By:

Name: ________________________________________
Address: _____________________________________
Connecticut Bar No.: _________________________

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
         _____________________________________

PROPERTY INFORMATION

CONNECTICUT REAL ESTATE CONVEYANCE TAX

Exemption (Conn. Gen. Stat. § 12-498)

☐ This conveyance is exempt because the consideration for the interest conveyed is less than $2,000 (§ 12-498(a)(10)) — a gratuitous reserved-life-estate deed for love and affection typically qualifies.
☐ This conveyance is exempt as a deed between spouses (§ 12-498(a)(14)).
☐ Other exemption (state subsection): ________________________________

Form OP-236 Required: A Connecticut Real Estate Conveyance Tax Return (OP-236) must accompany the deed for recording, even when an exemption applies. On Line 8 of the OP-236, indicate whether a federal and/or Connecticut gift tax return will be filed for this no/low-consideration conveyance.

PARTIES

GRANTOR (Current Owner):

Name: [GRANTOR FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Marital Status:
☐ Unmarried
☐ Married, spouse joining in conveyance (optional — Connecticut does not require spousal joinder in a conveyance of real property; a non-titled spouse's signature is not a legal requirement, but may be requested by a lender or title insurer)
☐ Married, conveying property titled solely in Grantor's name

REMAINDERMAN (Grantee of the Remainder):

Name: [REMAINDERMAN FULL LEGAL NAME]

Mailing Address (required — Conn. Gen. Stat. § 47-5(b)): [FULL ADDRESS]

Manner of Holding the Remainder (if more than one):
☐ Individually
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)

LIFE TENANT (Measuring Life):

Name: [LIFE TENANT FULL LEGAL NAME]

☐ The Life Tenant is the Grantor (the Grantor reserves the life estate to himself/herself).
☐ The Life Tenant is a person other than the Grantor, named above.

Measuring Life: The life estate shall continue for the life of [NAME OF MEASURING LIFE].

CONVEYANCE

Granting Clause (Conveyance of Remainder; Reservation of Life Estate)

KNOW ALL PERSONS BY THESE PRESENTS:

That [GRANTOR NAME] of [TOWN/CITY], Connecticut ("Grantor"), for the consideration of love and affection and ONE AND 00/100 DOLLAR ($1.00) and other valuable consideration received to Grantor's full satisfaction of [REMAINDERMAN NAME] of [TOWN/CITY], [STATE] ("Remainderman"), does give, grant, bargain, sell, and confirm unto the said Remainderman, and the Remainderman's heirs and assigns forever, the remainder in fee simple in all that certain piece or parcel of land situated in the Town/City of [TOWN/CITY], County of [COUNTY], and State of Connecticut, bounded and described as set forth in Exhibit A attached hereto (the "Property"),

RESERVING, HOWEVER, unto [the Grantor / [LIFE TENANT NAME]] ("Life Tenant"), a life estate in the Property for the life of [NAME OF MEASURING LIFE].

Habendum Clause

TO HAVE AND TO HOLD the remainder in the above granted and bargained premises, with the appurtenances thereof, unto the said Remainderman, the Remainderman's heirs and assigns forever, to their own proper use and behoof, subject only to the reserved life estate described herein.

RESERVATION OF LIFE ESTATE

Rights of the Life Tenant. During the measuring life, the Life Tenant shall have the exclusive right to use, occupy, possess, and enjoy the Property and to receive all rents, issues, and profits therefrom.

Obligations of the Life Tenant. During the life estate, the Life Tenant shall:

☐ Pay all property taxes on the current Grand List and special assessments as they come due;
☐ Maintain hazard/homeowner's insurance naming the Remainderman as an additional insured to the extent of the Remainderman's interest;
☐ Pay the cost of ordinary maintenance and repairs and keep the Property in good condition;
☐ Pay interest on, and keep current, any mortgage or lien existing on the date of this deed.

Duty Not to Commit Waste. The Life Tenant shall not commit, suffer, or permit waste (voluntary, permissive, or ameliorative) to the injury of the remainder interest. Under Connecticut common law, a life tenant who diminishes the value of the inheritance is liable to the Remainderman, who may seek damages or injunctive relief. The Life Tenant shall use the Property as would an ordinarily prudent owner, doing no act that permanently injures the remainder.

REMAINDER / VESTING

Upon the death of [NAME OF MEASURING LIFE], the reserved life estate shall terminate, and the previously conveyed remainder shall become possessory without a further conveyance by the Life Tenant.

If a Remainderman predeceases the Life Tenant:
☐ The deceased Remainderman's share shall pass to that Remainderman's issue, per stirpes (vested remainder, descendible).
☐ The deceased Remainderman's share shall pass to the surviving Remainderman(en) (joint tenancy with right of survivorship among the Remaindermen).

LIMITATIONS (TRADITIONAL — CONTRAST LADY BIRD)

This is a traditional irrevocable reserved life estate. Accordingly:

• The Life Tenant cannot sell, convey, mortgage, encumber, partition, or otherwise transfer the fee without the Remainderman joining in the instrument;
• The Life Tenant may transfer only the Life Tenant's own life-estate interest, which ends at the measuring life's death;
• The Remainderman holds a present, vested remainder not defeated by any act of the Life Tenant alone;
• The Grantor reserves no power to revoke, cancel, or unilaterally convey the fee. This instrument does not include an enhanced life estate power of that kind.

WARRANTY

The remainder is conveyed with the following covenant (select one):

☐ Warranty covenants — Grantor warrants and will defend the remainder against the lawful claims of all persons (full covenants under Conn. Gen. Stat. § 47-36d).
☐ Limited/special warranty covenants — against claims by, through, or under Grantor only.
☐ Quitclaim — Grantor conveys the remainder without warranty (Conn. Gen. Stat. § 47-36f).

EXCEPTIONS / SUBJECT TO

This conveyance is made SUBJECT TO:

☐ Taxes due and payable on the current Grand List
☐ Building and zoning regulations and ordinances
☐ Such state of facts as an accurate survey would show
☐ Easements and restrictions of record
☐ Any existing mortgage of record (confirm any due-on-transfer clause before recording)
☐ Other: [SPECIFIC EXCEPTION], recorded in Volume _____, Page _____, [TOWN/CITY] Land Records

TAX, MEDICAID, AND ESTATE-PLANNING NOTE

Medicaid 5-year lookback. Conveying the remainder while reserving a life estate is a transfer of an asset for Medicaid (HUSKY/Title 19) long-term-care eligibility and may trigger a transfer penalty if made within the 60-month (5-year) lookback period. Only the actuarial value of the remainder (not the retained life estate) is generally treated as transferred.

Estate inclusion and basis (IRC §§ 2036 and 1014). If the Grantor retains possession or enjoyment of the transferred property for life, IRC § 2036 generally includes the affected interest in the Grantor's gross estate at the Grantor's death, except for a qualifying bona fide sale for adequate and full consideration. A life estate granted to someone other than the Grantor does not by itself establish that the Grantor retained an interest under § 2036. IRC § 1014 separately governs whether the Remainderman receives a basis adjustment when the property passes from a decedent; have tax counsel assess the deed and the parties' actual interests.

Gift tax (Form 709 and Connecticut). The conveyance of the remainder may be a reportable gift; have a tax professional determine the gift's value and federal filing duty using the applicable actuarial tables. Connecticut may also require Form CT-706/709, the Connecticut Estate and Gift Tax Return, even if no tax is ultimately payable.

EXECUTION

IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal this _____ day of _________________, 20_____.

GRANTOR SIGNATURE(S)

Signed, sealed, and delivered in the presence of:

Individual Grantor:

________________________________________  (L.S.)
[GRANTOR NAME]

Spouse (if joining):

________________________________________  (L.S.)
[SPOUSE NAME]

WITNESS SIGNATURES (REQUIRED — Two Witnesses per Conn. Gen. Stat. § 47-5)

NOTE: Connecticut requires the deed to be attested by TWO witnesses with their own hands. The notary/acknowledging officer may serve as one of the witnesses.

Witness 1:
________________________________________
Print Name: _____________________________

Witness 2:
________________________________________
Print Name: _____________________________

ACKNOWLEDGMENT (Conn. Gen. Stat. §§ 47-5, 47-5a)

STATE OF CONNECTICUT  )
                      ) ss. [TOWN/CITY]
COUNTY OF ___________ )

On this _____ day of _________________, 20_____, before me, the
undersigned officer, personally appeared _________________________________,
known to me (or satisfactorily proven) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged that
he/she/they executed the same for the purposes therein contained.

In witness whereof I hereunto set my hand.

________________________________________
Commissioner of the Superior Court /
Notary Public / Justice of the Peace /
Town Clerk / Assistant Town Clerk
My Commission Expires: _________________

EXHIBIT A — LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[TOWN/CITY], Connecticut [ZIP]

Town/City: [TOWN/CITY]
County: [COUNTY]
Assessor's Map/Block/Lot: Map _____, Block _____, Lot _____

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example:
All that certain piece or parcel of land with the buildings and improvements thereon, situated in the Town/City of [TOWN/CITY], County of [COUNTY], and State of Connecticut, bounded and described as follows:

[METES AND BOUNDS DESCRIPTION]

Being the same premises conveyed to the Grantor by deed of [PRIOR GRANTOR] dated [DATE] and recorded in Volume _____, Page _____ of the [TOWN/CITY] Land Records.

CONNECTICUT RECORDING REQUIREMENTS

Recording Office

Connecticut does NOT have county recording. Record with the Town or City Clerk where the Property is located.

Conveyance Tax Forms

• Form OP-236 — Connecticut Real Estate Conveyance Tax Return (required even if exempt)
• OP-236 Schedule A / B — if multiple grantors/grantees

Document Requirements (Conn. Gen. Stat. § 7-24)

☐ Two witnesses required (Conn. Gen. Stat. § 47-5)
☐ Proper acknowledgment (Conn. Gen. Stat. § 47-5(a)(3)) before an authorized officer (§ 47-5a)
☐ Current mailing address of the grantee/Remainderman (Conn. Gen. Stat. § 47-5(b))
☐ Clear margins; title describing the instrument; name/address for return
☐ Conveyance tax return and payment (or exemption code)
☐ Legible, reproducible document

Persons Authorized to Take Acknowledgments (Conn. Gen. Stat. § 47-5a)

Judge or clerk of a court of record; Commissioner of the Superior Court; justice of the peace; notary public; town clerk.

PROFESSIONAL REVIEW

IMPORTANT: Connecticut Practice Book § 2-44A treats drafting legal documents and advising on property transfers for another person as law practice, while permitting self-representation. Have a Connecticut-licensed attorney review this deed and the closing before use.

SOURCES AND REFERENCES

• Conn. Gen. Stat. § 47-5 (two witnesses; acknowledgment; grantee address)
• Conn. Gen. Stat. § 47-5a (authorized acknowledging officers)
• Conn. Gen. Stat. §§ 47-36c, 47-36d, 47-36f (statutory deed forms)
• Conn. Gen. Stat. § 7-24 (recording); § 12-494 et seq. and § 12-498 (conveyance tax and exemptions)
• 26 U.S.C. § 2036 (retained life estate; estate inclusion); 26 U.S.C. § 1014 (step-up in basis)
• IRS Form 709 / Conn. Form CT-706/709 and § 7520 actuarial tables (gift of remainder)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Connecticut attorney before using this form.

Last Updated: 2026-10-27