Compare Mortgage Quotes

Refinance Rates for Today

Please enable JavaScript for the best experience.

In the mean time, check out our refinance rates!

Company Loan Type APR Est. Pmt.

Compare Refinance Mortgage Quotes

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?

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My father had a piece of property that'd he deeded to me and my wife without a house on it. We built a home on it and paid for everything. My dad has life estate can he put us off the property till he dies. Please help

Like | Dislike | Share | Posted: Mon, 10/29/2012 - 11:40 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi CW!

Welcome to forums!

Your father has life estate rights on that property. He can stay on it until his death. However, he won't be able to remove you from the property as you are the owner of the property.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Mon, 10/29/2012 - 23:07 | Post subject:

jheard's picture
jheard | Joined: December 12, 2007 08:20 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Wed, 07/23/2008 - 12:38 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Thu, 07/24/2008 - 04:47 | Post subject:

jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Tue, 09/30/2008 - 02:28 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Mon, 09/29/2008 - 11:57 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

ref to the july 23rd posting, updat... my sister & brothers have since gone and posted interest in the property in the courts because they have the will is this legal? Since I have the warranty deed with life estate of the property given to me by my parents? HELP!

Like | Dislike | Share | Posted: Thu, 11/13/2008 - 08:01 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi carriemedina!

If your parents have given you a life estate, then you have the right to stay in the property until death. Moreover, referring to your July, 2003 post, you have mentioned that the will was drafted in 1996 and warranty deed was filed in 2003. In that case, the court will only consider the 2003 warranty deed as it was drafted later.

If they have posted their interest in the court, then that is illegal. You can challenge them in the court by taking the help of a lawyer.

Thanks.

Like | Dislike | Share | Posted: Fri, 11/14/2008 - 00:58 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a life estate with my name on warrety deed . If there is a mortgage who pays ==his nephew is listed as owner after my death. Also who pays taxes and insurance. I live in Indiana

Like | Dislike | Share | Posted: Thu, 08/06/2009 - 08:38 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Virgina,

As the nephew is listed as the owner of the property, he would be liable to pay property taxes and insurance. However, if you wish, you can share the property taxes and insurance with the nephew. As far as the mortgage is concerned, it has to be paid by the person who is listed in the mortgage docs. If you have taken the mortgage in your name, then you would be liable to pay the mortgage dues.

Thanks

Like | Dislike | Share | Posted: Thu, 08/06/2009 - 20:42 | Post subject:

Page loaded in 0.507 seconds.