except for a life estate in the Grantor on a quitclaim deed

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Tjoy

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Post Posted: Mon Nov 05, 2007 7:00 pm    Post subject: except for a life estate in the Grantor on a quitclaim deed
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On a quitclaim deed, please explain to me in a simple way what is the meaning of except for a life estate in the grantor. I am the grantee and I do not understand the except or a life estate part and what is a life estate.
Michel

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Post Posted: Mon Nov 05, 2007 9:04 pm    Post subject:
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Hi,

The life estate gives the grantor absolute right to the property even after the property has been quit claimed to the grantee.
Icon Mini Profile larry





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Post Posted: Mon Nov 05, 2007 10:42 pm    Post subject:
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Hi Tjoy,

Life estate means even after signing the quitclaim, the person or the granter will hold the ownership of the property until his/her death. This is also called "life tenant'. The Life estate cannot be inherited. That means the grantee will own the property only after the granter's death. During the life time of the granter, he will enjoy the full ownership.

Hope this will help you to understand the question Smile

You can go the page to have a better understanding-
http://www.mortgagefit.com/quitclaim-deed.html

If you have any more questions feel free to ask Smile

Thanks,
Larry
tjoy

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Post Posted: Wed Nov 14, 2007 10:03 pm    Post subject: need more help for a clear understanding in what to do
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The answer to your qestion is yes. The quitclaim deed is filed in the county clerks office and was filed in 1995.

Here is my story. Twelve years ago my aunt did a quitclaim to me. The claim states - except in the life of the grantor, my aunt. I am the grantee.
From reading the answers on your web, I now know what that means.
I also know that the qc deed allows me to the property interest,after death of the grantor, my aunt and not the title of ownership.

I love my aunt dearly. She just turned 100 years old a week ago. She is also in good physical and mental health. She said she can not remember even doing the qc deed. The deed was drawn up by the attorney and signed by my aunt and notorized- no witness reqired to sign, although my husband and I were present.She was not force and understood what we were doing.

The problems I am having:
I have paid the taxes and back taxes and kept the raw land from having liens on it, for my aunt. I have interest in the land because I was promised by my aunt that she would reinburse me for the money that I have paid thus far, for back taxes, and other expenses on the raw land.

My aunt can not refund me the money as she anticipated by selling the land to a buyer. She can not remember any such verbal agreements and can not pay me back for any expenses that I have paid ,and she wants to keep the land, and yet I am contiuing to pay taxes, as I will continue to do so.

Based on the type of quitclaim deed that we did, can she sell the land wihout my consent?

I can not find any such Title of owernship filed in my aunt's name. The land had to be passed by heirship. She has no idea who has the title or if it is in her name. From researching, I know that the land had a warranty deed in my great grandmother' name who is my aunt' mother. After my great grandmothers death, an Affidived was done by my aunt's brother (now deceased) and passed on by heirship.My aunt is the only sibling living. Did that give her right to heirship?

I do not know how to start searching for the title on this land. How do I search this?

I want to protect my interest in the land. I realize that I might have to have an attorney to assist me in filing action on behave on me being the person that is paying taxes. Can I do this? If I can not do this, then what can I do?

I do not know if my aunt even had the right to do a qc for me. Did she have that right, if she did not have the title in her name? How do I find if someone out their is holding the title? Where can I start this search on my own to cut down attorney fees? If there is no title then what do Ido? If there is an heir that is holding a title to the land on file, how do I contact this person if there is no address on the title or if I can not find an address.?

Please note that all the taxes and any information on the land comes to my address (my aunt is in a nursing home) Please help me try to find out as much information that I can, before I hire a lawyer.

Last few questions; I was told that quitclaims are no longer recognized in Texas. Is this a fact? If it is a fact, does this mean my quitclaim deed is no longer valid? The claim was filed and recorded in 1995.
In addition, if someone has the title in their name, does this means that the quitclaim deed is not valid? I hope everything is clear to you and I realize that you may have more questions for me. Please reply soon?
Icon Mini Profile jenkin7
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Post Posted: Thu Nov 15, 2007 3:53 am    Post subject:
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Hello Tjoy,

First of all, it is important for you to find out whether the property belongs to your aunt at all. For that, it is better to take the help of a title company and they will do a detailed search for you.

You should also see whether the deed which your aunt has used to transfer ownership to you, is a quit claim or a ladybird deed. In case of a ladybird deed, the life estate holder has the right to sell or gift the property even without the grantee's consent.

You may find more information on ladybird deed here at http://www.mortgagefit.com/know-how/ladybirddeed.html
jAMESIE

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Post Posted: Fri Oct 05, 2012 5:29 am    Post subject: LIFE ESTATE/QUITCLAIM COVENANT and nursing home
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My mother signed a QC COVENANT life estate for her house 12 years ago with me as the grantee. i know I get the house when she passes away but what happens if she goes to a nursing home, can we sell that house. We reside in Ma.
Icon Mini Profile adonis
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Post Posted: Sat Oct 06, 2012 1:12 am    Post subject:
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Hi jAMESIE,

If she does not go for the option of Medicaid, then you may be able to sell off the property with her permission.

Thanks

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