Estate Law Questions? Ask an Estate Lawyer.
Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you. There is a remainder person generally named that gets the property after the life estate. Do you have a copy of the life estate documentation?
Was the other spouse ever on the title?
That is odd because once one spouse got a life estate it would pass to the children upon the death. I would really need to see how it is worded. Did both spouses sign the deed to the adult children?
If both spouses signed the title (deed) to the adult children, unless there is a provision for the other spouse the real property goes to the children.
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.
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i dont think so...
If both spouses were on title both needed to set up the life estate. You states that both of the spouses signed, Now you appear to be telling me one spouse may have not understood what they were signing. Could it be the other spouse has a competency issue even though they have many skills but their comprehension of things is still somewhat there for some things and not others? Anything is possible. However, I don't know the people you are referring to in your question. Was the spouse ever diagnosed and adjudicated as incompetent?
If the other was not competent or lacked the capacity her Guardian/Conservator should look into the matter. As it stands now if nothing is done the home goes to the adult children as the spouse was not added to the life estate and signed the deed conveying the real property to the adult children. Someone would need to contest the life estate on the basis that other spouse was not competent when they signed the documents.
If you would be kind enough to rate my service positively so I will receive credit for my wok I would appreciate. You do not need to provide a negative to obtain a refund
If the spouse signed the property goes to the adult children. If she did not sign the other spouse can only transfer their 1/2 interest in the property. If there were competency issues this will need to be decided by the court.
A consult with a local attorney would be the next step depending what you find out. There is not much more we can do from this site other then provide links to local estate attorneys that provide FREE consultations that can assist with any irregularities. If you would like a link now please let me know the county in New York where the real property is located and I can provide links.
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If there was a dementia diagnosis AND this person lacked the capacity to understand what they were signing then a case needs to be filed on this person's behalf for the court determine what they are entitled to receive. There is nothing that will happen automatically, it needs to be handled by a court order. Would you like a link for attorneys in the spouse's local area that provide FREE consultations?
In the meantime if you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Please post your follow up question in this thread. Thank you.
I wish I knew that. The attorneys are not involved in billing matters and have no access to customer accounts. You would want to contact customer service. The site looks very different on my end. Thank you for asking.
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Do you have any additional questions for me?
If you would be kind enough to rate my service positively so I will receive credit for my wok I would appreciate. The Attorneys only receive credit for their work and time if the customer rates them positively. Thank you for your consideration.
Seems that the facts keep changing. Either way a deed and life estate pass real property outside of probate. If the deed is in only one name and the person named in the life estate dies the property passes outside of probate based on the deed. It is my pleasure to answer any follow up questions that you may have once you have rated my service positively.