How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27687
Experience:  25 years experience
3396227
Type Your Real Estate Law Question Here...
Dave Kennett is online now
A new question is answered every 9 seconds

My long time lady friend of 13 yrs, shes 96 yrs old and of

Resolved Question:

My long time lady friend of 13 yrs, she's 96 yrs old and of very sound mind, is wanting to leave us her house. Well because her son has stolen her life savings of $200,00.00 she doesn't want him to have it. Since he bullies her and tells her he is going to put her in a rest home then take her house she is wanting to put a stop to him even trying. She owns the house, no mortgage. Her husband who passed away 6 months ago left it to her, ond to her only in his will. I'm currently living with her to protect her from her son.
Well since she wants to give us the house, we asked her if she would be willing to sell us the house so things would be finalized before her death. This way I thought it might be more legal and we wouldn't have to fight her son after her death. She refuses to take any money. So my question to you is....is there a way that we can exchange a small amount of money with her to suffice her knowing she is still giving us the house, but to do something that will make it legally ours now? Who do we contact and what do we do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - She can simply create a new deed to the house and add you as a joint tenant with right to survivorship. Then when she passes away the house will pass directly to you outside of the estate or the will. There is no need to pay any money but you can if you wish. Just make certain that everything is in writing. The deed will have to be notarized so I would suggest getting an independent notary who would testify that your friend is mentally competent if the son ever tries to contest the transfer. Any real estate title company can prepare and file the deed at a very reasonable cost. That is the easiest and quickest way to accomplish what you are seeking.
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27687
Experience: 25 years experience
Dave Kennett and 9 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.


Hi Dave, ok my friend signed and notaried the new grant deed and listed herself and I on it. Me as a joint tenant with right to surviorship. It is a gift.


My question to you is........When she dies I understand I go and fill out a affidated (?) to put my name only, on the deed. Is her son going to have any right to this property even though my name will be the only one on the deed after she passes? I know that you mentioned that everything needs to be in writing "if the son ever tries to contest the transfer". What can we expect to happen if the son does this and what will be his chances of winning?


Thanks, Jeannie

Expert:  Dave Kennett replied 1 year ago.
If she is of sound mind then he would have little chance of winning a challenge to the deed. The property will pass directly to you outside of the estate or will and all you will need to the affidavit and certified copy of the death certificate.
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27687
Experience: 25 years experience
Dave Kennett and 9 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.
 
 
 

Related Real Estate Law Questions

Chat Now With A Real Estate Lawyer
Dave Kennett
Dave Kennett
4644 Satisfied Customers
25 years experience