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

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My husband died in Dec2015...
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: 2 years ago.Category: Estate Law
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1/26/2016
Estate Lawyer: Richard, Attorney replied 2 years ago
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,734
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified

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.

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Customer reply replied 2 years 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.
Estate Lawyer: Richard, Attorney replied 2 years 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.

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Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 103,549
Experience: Fully licensed attorney in Texas in private practice.
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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.

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