Posted on: 18th May, 2009 10:20 am
Can a warranty deed with life estate be taken away from someone after the person passes away?...My grandfather fixed his land to the people that he wanted it to go to 10 months before his death occured. He made his daughter some many acres, and his son so many acres and myself (his grand- daughter) so many acres. Now before my grandfather passed away his son was so mad at him that he stopped coming to see him, he would only call and talk to him about once every two or three weeks for about 5 min. at the most. He told his father that he was going to take us to court when he dies to "get his acreage that was due to him" back. He said if it takes everything that I have. So, anyway his father is now deceased, and he said that after 6 months we will be in court. The deeds that my grandfather had fixed is Warranty Deeds with Life estate, and they were all filed at the courthouse last year and everything. He is now saying that we made him fix things that way, and that he was not in is right mind at the time. (which is not true at all) He said that I as a grand daughter am not a legal aire and that I don't have any rights to the land. (and the man that owed the land deeded it to me and wanted me to have it) So I don't understand what I am facing, and have never gone through anything like this before. Please Help. Thanks
Hi kristi,
If the warranty deed includes your name, then you are one of the owners of the property. Your grandfather's son cannot take anyone of you to the court in order to get his portion. As far as the life estate is concerned, after the death of grantor, the life estate becomes null and void and the grantee becomes the owner of the property.
As your grandfather's son is threatening you, I would suggest you to contact an attorney and take his opinion in this regard. In my opinion, you'll be able to sue him.
Thanks
If the warranty deed includes your name, then you are one of the owners of the property. Your grandfather's son cannot take anyone of you to the court in order to get his portion. As far as the life estate is concerned, after the death of grantor, the life estate becomes null and void and the grantee becomes the owner of the property.
As your grandfather's son is threatening you, I would suggest you to contact an attorney and take his opinion in this regard. In my opinion, you'll be able to sue him.
Thanks
domstic partner of 20 years is threatening to take me off the deed, can he do this ???
Hi georgia,
Your domestic partner cannot take you off the deed without your signatures. You will have to sign the quitclaim and transfer the property to him/her.
Thanks
Your domestic partner cannot take you off the deed without your signatures. You will have to sign the quitclaim and transfer the property to him/her.
Thanks
If my mother has a life eatate on 9 acres of land, and I am deeded 4.5 acres of that land, can she take my part back or keep me off of my part?
If me and my brother and sister have a remainder interest in a piece of property can they adverse possess my interest?
Hi Julie!
Welcome to forums!
If she has deeded you a certain portion of the property, then she cannot take that away from you without your permission. You'll have to sign a deed and transfer the property to her. Moreover, your brother and sister cannot simply adverse possess the property if you are staying there and paying for the maintenance of the property.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
If she has deeded you a certain portion of the property, then she cannot take that away from you without your permission. You'll have to sign a deed and transfer the property to her. Moreover, your brother and sister cannot simply adverse possess the property if you are staying there and paying for the maintenance of the property.
Feel free to ask if you have further queries.
Sussane