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Warranty deed with life estate vs will

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Icon Mini Profile carriemedina



Joined: 23 Jul 2008

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PostPosted: Wed Jul 23, 2008 9:52 am    Post subject: Warranty deed with life estate vs will

in 2003 both of my parents (grantors) did a warranty deed with life estate listing myself as the (guantee) documented in court. both have since passed and now a sister and two brothers are probating a will dated 1996 that state share share alike. they have intered into the courts papers claiming each of their one-quarted. my questions would be can they sell the house with out notification, do they have the right to enter this in the courts?
 
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Icon Mini Profile jheard
jheard
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Joined: 12 Dec 2007

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Location: Houston, TX


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PostPosted: Wed Jul 23, 2008 12:38 pm    Post subject:

You own the house free and clear. It is not part of your parents' estate, so cannot be challenged in court by your sibilings. They cannot sell it.
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This is not legal advice and I am not your lawyer. This information is provided for discussion purposes only in this forum. State and local laws may vary. Consult with a local attorney to see how your laws may apply to your specific situation.
 
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Johnny1

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PostPosted: Thu Jul 24, 2008 4:47 am    Post subject:

Hello.

If you parents have used the Life estate then they are still owner and will remain owner of the property as long as they live. So read the deed thoroughly and check out the terms and conditions written on the deed. You can even review the deed by an attorney also.
 
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andy borders

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PostPosted: Mon Sep 29, 2008 11:57 am    Post subject: life estate

I WANT MY WIFE TO LIVE IN THIS HOME UNTELL SHE DIEDS. THEN I WONT MY TOW GIRLS TO HAVE THE HOME . ONCE WE SIGN THE PAPER I DON,T WANT IT CHANGED AFTER I DIE
 
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Icon Mini Profile jerry
jerry
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Location: MICHIGAN


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PostPosted: Tue Sep 30, 2008 2:28 am    Post subject:

Hi andy!

You can draft your will and include all these clauses in it. This will be the best option for you. If you are planning for a quitclaim deed, then you will have to mention the life estate clause in your wife's favor. You can also include the names of your daughters in the title of the property.

Thanks,

Jerry
 
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