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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42287
Experience:  Texas Attorney for 30 years dealing in real estate
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Can my fiancé sell me a portion of s life estate (s daughter

Customer Question

Can my fiancé sell me a portion of his life estate (his daughter has the deed to the property) and upon his demise would I still be allowed to live in the house until my death. Would it be easier if I were his wife?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Here he has a life estate for his lifetime.He can deed it to you or add you to it but it ends upon his death.He cannot extend it here because it was deeded for his lifetime.

If the daughter owns the residual interest it takes effect upon his death.I wish I could tell you otherwise but the law in NY limits it to his lifetime.Again he can deed it to you but it needs at his death.He can only give you what he owns here.Again I always hate to give bad news but I know you want honest information.

Unless the daughter agrees to give you a lifetime interest here as well then again his interest controls and it ends upon his death.If the daughter will sign a deed here then you can have a lifetime interest.This would be the only way to do this.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.