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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102146
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Approximately in 1983 my father and I bought land for about

Customer Question

Approximately in 1983 my father and I bought land for about $39K. we both paid on the land, (Ratio approx. 5 parts my father to one part me)but my father placed only his name on the property deed. In 1993 he gave deed to this property to me alone, but kept a life estate on the property. He is in assisted living now and may have to sell the property. Do I any fiscal claim to the property or is the money I paid into the property lost forever?
JA: Where is the property located?
Customer: Maryland
JA: Has any paperwork been filed?
Customer: deed and life estate work was filed in the local county courthouse
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information 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.

He cannot sell the property. He has a life estate, correct? Then if so, he can only sell his life estate interest. However you as the remainderman inherit the property if something happens to him.

So your father can sell his interest in life estate - sure. However, he cannot sell the whole property. It is mandated to go to you as the remainderman. If he believes that he can sell the WHOLE property while only having a life estate, he is mistaken.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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