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I was deeded from my parents all 234 acres of a 234 acre tract in yearly increments (last deed-1998) with each deed having a clause saying they reserved a 10 acre tract (the home where they lived) . My dad refused to ever deed the 10 acres to my sister, believing she would sell. Since his death 06/16/2002 and subsequent probate of his will leaving everything to my mother in Dec 2002, she has since made out deeds, 2002, & 2008, leaving the 10 acres with the home to my sister. Oil lease lawyers checking the courthouse records told me that the deeds to my sister were invalid because my dad and mother had previously deeded the entire 234 acres to me - that the clause reserving 10 acres may have suggested intention but was of no effect since they had made deeds to me totaling the entire 234 acres.    XXXXX@XXXXXX.XXX

Submitted: 349 days and 12 hours ago.
Category: Real Estate Law
Value: $40
Status: AWAITING EXPERT REPLY
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Answer

If you have been deeded the 10 acres at issue prior to the deed from your mother to your sister, that deed is invalid because your mom had nothing to transfer to your sister.

If you can verify that this particular 10 acres was deeded to you prior to the deed to your sister, the property is yours.

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Expert: Adam Kirk
Pos. Feedback: 99.3 %
Accepts: 
Answered: 12/8/2008

Lawyer

Litigation Attorney

340 days and 18 hours ago.

Reply

I have deeds to all 234 acres of a 234 acre tract although each of the deeds states an exception save and except a marked 10 acre property. What the oil attorneys said was that although each deed stated an exception of that same 10 acres, my parents both in fact signed deeds totaling all 234 acres several years before my mother made two deeds giving my sister the 10 acres mentioned in my deeds which is where their home is. In your opinion , was what the oil company lawyers told me correct or incorrect - I will never see them again but I'm only wanting to know if I have any chance of pursueing this because my dad always said he wanted my oldest son to have his home. Although my dad was super at math and with numbers i always wondered how he had made a mistake by deeding all 234 but I'm beginning to think it was no mkistake at all since he refused to sign any deed giving the home to my sister. Am I way out on a limb here with my thinking - am I believing this because it's what I want to hear or do I have good solid legal ground to stand on ?

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