Quit Claim Deed and life estate

binkstwo · Joined: 04 Mar 2008 Posts: 1 1.40 Dollars($)

My mother signed a qiut claim deed on her house to me a few years ago. I will pay 100000.00 for the property that will be passed directly to my 3 brothers. I have 10 years to pay this amount or upon her death. She has a life estate in this property and lives there now. I will not take posession until she passes. I looked up the property in the registry of deeds and she is still listed as the property owner. Is this correct? Or should something be filed to have it changed to my name?

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi binkstwo,

Welcome to the forum.

I think what you saw in the County Register Office is correct. Your mother is still owner of the property because she has used quitclaim deed with life estate. So she will remain owner until her death. After her death you will be the owner of the property.

To know more about life estate, check out this community discussion at http://www.mortgagefit.com/know-how/ladybirddeed.html#lifeestate

Hope this is clear to you.

Feel free to ask if you have any further questions.

Best of luck,
Larry

Jessica

Hi Binks,

Usually in case of a life estate, the current owner gets a deed prepared such that it helps to transfer property to the person whom the owner wants to receive the property after he dies. But in the deed, the owner reserves a life estate for himself, that is, the right to stay in the property and use it.

When the owner dies, the real property will be owned automatically by the one expected to receive the property, named as "remainder person" in the deed.

Larry, the page you have referred to above is based on Ladybird deed or Enhanced life estate deed which is different from a usual life estate.

If binks has to know about life estate, he can refer to http://www.mortgagefit.com/discuss/about1871-5.html#35803 .

Regards,

Jessica.

Guest 0.10 Dollars($)

Can the property in a life estate have a lien placed on it due to unpaid debts by the owner or the trustee ?

sara · Posted: Thu Oct 30, 2008 3:13 am Post subject:

Hi Regina,

You'll find the answer to your query at http://www.mortgagefit.com/propertytransfer/judgments-liens.html .

Take Care

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