Posted on: 30th May, 2012 01:53 pm
Question: Mother had life estate clause on her deed for her property. Life estate named myself and siblings. Property was sold 5 days prior to mother passing away. Mother signed all sale/contract documents and the real estate agent required all siblings and spouses to also sign our interest away regarding life estate. Monies from property sale are sitting at real estate company because agent says check should be issued to all siblings names, rather than mother's name. Executor of will was to deposit check, pay all bills and divide remainder between siblings. Since [u]mother herself sold property would this have removed the life estate clause from the deed, especially since all siblings signed their interest in property away?
Hi GatorC,
If your mother only had a life estate right on the property, then she won't have the rights to sell off the property. If the real estate company is saying that the checks will be issued in the name of the siblings, then you should ask them to do the needful. As all siblings have signed the deed and have transferred their interests, I guess your mother became the sole owner of the property.
Thanks
If your mother only had a life estate right on the property, then she won't have the rights to sell off the property. If the real estate company is saying that the checks will be issued in the name of the siblings, then you should ask them to do the needful. As all siblings have signed the deed and have transferred their interests, I guess your mother became the sole owner of the property.
Thanks
Hi GatorC!
Welcome to forums!
I think it will be a better option if you could contact a real estate attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
I think it will be a better option if you could contact a real estate attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane