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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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I would like to know if a gift deed of property can be

Customer Question

I would like to know if a gift deed of property can be 'corrected' and taken back with a phone call to the courthouse of if paperwork is required?
JA: What state are you in? It matters because laws vary by location.
Customer: Texas.
JA: Has anything been filed or reported?
Customer: The property was given to my husband in 2008. In 2009, the appraisal district website shows that it was error-corrected and taken back (by his parents). His father is in a nursing home now and his mother passed away in October 2014. In September 2014, the property was given to my husband's 3 siblings via an enhanced life estate. I just spoke with the appraisal district to ask for the paperwork to show when/why the property was taken back in 2009 and was told it was done because of a telephone request. I just didn't know that property could be taken back after a year without any paperwork.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of.
Submitted: 9 months ago.
Category: Estate Law
Expert:  Loren replied 9 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Did the deed contain language in the grant allowing for the donor to retain control of the property or even revoke the gift?

Customer: replied 9 months ago.
I do not have the paperwork with me at this time. I will have it tomorrow and would like to speak with you then if the offer still applies.
Expert:  Loren replied 9 months ago.

That is fine.

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