Posted on: 27th May, 2011 09:44 am
My husband was given in 2006 a Warranty Deed with Reserve of Life Use by his mother. Clause reads as follows:
"Excepting and reserving to the party of the first part, herein named, XXXXXXXX, life estate for and during her natural lifetime. This life use is personal and not assignable or transferable.
His mother then passes away in 2008.
In her will she states that she granted another sibling life use of her home.
Can this be done since the terms of the deed reads otherwise?
This is in New York
KB
"Excepting and reserving to the party of the first part, herein named, XXXXXXXX, life estate for and during her natural lifetime. This life use is personal and not assignable or transferable.
His mother then passes away in 2008.
In her will she states that she granted another sibling life use of her home.
Can this be done since the terms of the deed reads otherwise?
This is in New York
KB
Hi lakewriter,
As the terms of the deed are different, I don't think her will would be taken into consideration. Your husband should contact a real estate attorney and can take his opinion in this matter.
Take care.
As the terms of the deed are different, I don't think her will would be taken into consideration. Your husband should contact a real estate attorney and can take his opinion in this matter.
Take care.