Posted on: 29th May, 2013 04:27 pm
My mother and uncle own a home in georgia but my grandfather has the right to live in home until his death. He has agreed to sell the property but when they did a title search they found that my grandfather had given the property to another woman 2 years after he deeded it to my mom and uncle. The title company says that my grandfather's life interest was given to the woman so she has all of his rights to the home even after he dies. Can that be true?
Hi keciadawn!
Welcome to the forums!
If that other woman has the life estate rights, then she will be able to live in the property until death. In such a situation, if he wants to sell off the property, he will have to take the permission of that other woman.
Feel free to ask if you've further queries.
Sussane
Welcome to the forums!
If that other woman has the life estate rights, then she will be able to live in the property until death. In such a situation, if he wants to sell off the property, he will have to take the permission of that other woman.
Feel free to ask if you've further queries.
Sussane
Your grandfather has a "life estate". A life estate is only valid for the life of the holder, so your grandfather only has rights to the house while he lives. When he dies, the property goes to the "remaindermen" which is your mother and uncle. A life estate can be transferred like any property interest, so if he transferred his life estate property interest to a another woman, that is valid, and she now has a life estate in the property. However, when she dies, the property goes to the remaindermen.
Thank you so much, but I am confused now, I have been told that the "life Estate" is only for my grandfather's life even though he "conveyed" his interest to this woman. Can you shed any light on this? He actually deeded the house to my uncle and mom then gave my mom the right to live there with him until his death, then deeded the house to this woman. All of this has been registered in the courthouse. The info I have been given is this (sorry for going on)
House belongs to mom and uncle, the other woman has a life interest
we have to have her consent to sell, and my grandfather has lost his own life interest.
Does that sound correct?
a little history....
This woman is my age she scammed my grandfather, has a jail record for all kinds of things from drugs to forgery to stealing. My grandfather has lost everything even his self esteem and I want to try to help him. :)
House belongs to mom and uncle, the other woman has a life interest
we have to have her consent to sell, and my grandfather has lost his own life interest.
Does that sound correct?
a little history....
This woman is my age she scammed my grandfather, has a jail record for all kinds of things from drugs to forgery to stealing. My grandfather has lost everything even his self esteem and I want to try to help him. :)
Hi keciadawn,
As far as I know, unless the person dies, he/she will be able to retain the life estate. It will be better to immediately contact a real estate attorney, show the documents to him and get his opinion in this regard.
As far as I know, unless the person dies, he/she will be able to retain the life estate. It will be better to immediately contact a real estate attorney, show the documents to him and get his opinion in this regard.
My previous post is incorrect. The "life" in the "life estate" is whoever is named in the deed. It can be the grantee, or the life of a third person. In your case you said it was your grandfather. The other woman who received the life estate only has title as long as your grandfather lives. When your grandfather dies, the property goes to the remaindermen.