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If I grant my parents a life estate via a warranty deed, wha

Posted on: 29th Aug, 2008 10:14 pm
i am buying my parent's house, with a mortgage on that house. i would like to grant my parents a life estate interest in this property via a warranty deed, but i don't know what my interest then is in the property as the "grantor." can my parents, if they decide to move, dissolve their life estate interest and give it back? can i get a second mortgage on the equity of that property?
Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/life-estate-warrantydeed.html

Take a look at it. Hope it helps you.
Posted on: 05th May, 2010 01:47 am
My father took a $100,000.00 line of credit on his house. He then listed in the will that his wife can stay in the house but is responsible for paying the credit line and a tenant can stay as long as she pays taxes, insurance and other expenses. Is this a life estate that is legal and binding since he owed money on the house when he wrote this in his will? My brothers and I are to inherit the house once we sign the final papers and do not want to have to pay this mortgage. Dad's wife is paying interest only as this is all that is due at this time and said she will NOT pay on the principle or any other upkeep of the house. So far the bank has not said anything about having the loan changed even though the person who owes the dept is deceased.
Posted on: 19th May, 2010 08:29 am
hi diane,

the will is a legal document. if the will mentions that the wife will be able to stay in the property, then it has a legal binding. after her death, you and your brother will become the sole owners of the property. you can even refinance the loan in your name and start payments on the principle amount.
Posted on: 19th May, 2010 10:19 pm
if my husband and his ex-wife quick deeded some land to their son but gave life estate to my husband can the son make us move off of the land
and can we make him stay off the property?
Posted on: 11th Jul, 2010 09:36 pm
Hi Tiffany,

As your husband has life estate rights over the said property, the son will not be able to ask your husband to move out of the property. Your husband will be able to stay in the property until death. However, you won't be able to ask the son to stay off the property even as he is the owner of the property.
Posted on: 12th Jul, 2010 12:05 am
I have a warranty deed to some acreage. My brother has a life estate in property. I want to let my sister leave a trailor on this property for family
members to visit. What are my rights. State of Alabama.
Posted on: 26th Aug, 2010 04:42 pm
hi doris,

as your name is on the warranty deed, you will be considered as one of the owners of the property. you can sign a quit claim deed and add your sister to the property and then she can place the trailer on that property.
Posted on: 26th Aug, 2010 11:08 pm
Ex-husband left house deed in three names (two sons and 2nd wife's name) with declaration that (1) if 2nd wife moves out and reestablishes residence elsewhere or (2) remarries, then house ownership goes to two sons only. Second wife left, established residence in Va, then moved back to NC with friends. One son signed his ownership in house over to other son. Her name has not been removed from the deed although she did move out. Does she still have any legal rights to the property?
Posted on: 21st Mar, 2011 12:06 pm
Hi Sandy!

Welcome to forums!

If the second wife's name is on the property deed, then she can claim ownership rights. You will have to ask the second wife to sign a quitclaim deed and transfer the property to you.

Feel free to ask if you've further queries.

Sussane
Posted on: 21st Mar, 2011 10:39 pm
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