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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116715
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Why should i need a life right letter because my daughter's

Customer Question

why should i need a life right letter because my daughter's name is ***** ***** home deed. this is my spouse and myself home, my daughters name was placed only if something should happen to both of us and the would be left to her to share with my son.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: this is n.j.
JA: Has anything been filed or reported?
Customer: not that know of. my mortage co knows all about it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no.
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Who is telling you that you need a life estate on the home as long as your name and spouse's name appear on the deed together with your daughter's name?
Customer: replied 10 months ago.
n.j.rebate tax office.
Customer: replied 10 months ago.
all i needed was a list of rebates that was posted to my for the last few years, for my mortgage company.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
If your names are ***** ***** the deed, no life estate letter is necessary. If you are removing your names from the deed a life estate letter granting you a life estate would be required to be filed with the deed. You, your spouse and daughter are all joint tenants with rights of survivorship, no life estate is necessary.
I would caution you, no matter how close your son and daughter are, upon your death and your spouse's death she is in no way obligated to give him any share of the house unless you add his name to the deed as well with right of survivorship.