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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102143
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Ely, I have a few questions regarding family land in ND that

Customer Question

Hello Ely, I have a few questions regarding family land in ND that is deeded to my brother and I. It also has a life estate (to my mother since my dad passed). We have verbally sold the land and are creating the contract for the buyer to sign. Does the life estate go away when the land is sold? Is it possible for my mother to change her mind about the sale even though we have verbal agreement and texts saying the deal is done we just need paper agreements signed? If she can change her mind can I sell my share of the land to the buyer on my own? Thanks for your help!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and thank you for requesting me. Please note:This is general information 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.

No, the life estate does not go away if the property is sold. In fact, it remains. So if, she can enforce the life estate even against the buyer.

The mother has to agree to give away her life estate for the buyer to receive a life estate-clear title. Otherwise, mother still has a life estate even after the property is sold.

The mother has to sign a special deed instrument to sign away her estate. Simply a verbal agreement and a few texts is not enough - this has to be in writing under ND 9-06-04(3). Once/if she does so, then she could not change her mind. But unless she does, that life estate stays.

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Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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