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 Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99983
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
7286322
Type Your Real Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My husband died in Dec2015. Our home was in life estate with

Customer Question

My husband died in Dec2015. Our home was in life estate with me as the grantee. He has no children. Can I change the the ownership on the title?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Richard replied 10 months ago.

Hi there. My name is ***** ***** I look forward to helping you.

Can you clarify the facts for me? When you reference that you are the grantee, do you mean you were named as the remainderman upon the termination of the life estate? Who was the life estate owner...you? your husband? both? Thanks.

Customer: replied 10 months ago.
I cannot sell my home or change it from my husbands name but my desendents can take posession for living in the home, then they will have the same problem.
This was my husbands home when we married and we wanted to add me , did it ourselves and evidently used the wrong form.
Expert:  Richard replied 10 months ago.

Thanks for responding. I don't think I understand the entire situation well enough to be confident that I can provide a complete and accurate assessment. Therefore, I am going to opt out to open your question up to all experts so another expert can hopefully timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Your previous expert has opted out and I have opted in.

If I understand correctly, your husband wanted to simply add you to the title when he was living. However, a life estate deed was used, which was a wrong deed. That kind of deed gives you the right to live in the home (but not own it, meaning not sell it, etc) and then gives the property after you pass to a remainderman (I am guessing here, your children/descendants).

If this has happened, I am afraid that there is simply no way to reverse the wrongly-filed life estate deed. I wish there was, but not really. I am very sorry.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Related Real Estate Law Questions