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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38181
Experience:  16 years real estate, Realtor. Landlord 26 years
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In New York State can a life estate be revoked if it is

Customer Question

In New York State can a life estate be revoked if it is given by deed while the grantor was and is still alive? The deed does not have any language that makes it irrevocable. My mother gave a life estate to my siblings; now she feels she was coerced into doing this. Can she record a new deed revoking the life estate?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Expert:  Barrister replied 11 months ago.

In New York State can a life estate be revoked if it is given by deed while the grantor was and is still alive?

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Unfortunately no, a life estate is a property interest and can't be "revoked" if the grantor changes their mind. Much like a deed can't be revoked, the life estate gives the recipient certain legal rights to the property subject to the "remainderman's" interest in the property.

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However, if mother was forced or coerced into making this gift of a life estate, she would have legal grounds to file suit against sister under a fraud claim and seek to have a judge invalidate the life estate on the grounds of undue influence. Mother would have to prove that sister put so much pressure on her or she was in such a feeble state, physically or mentally, as to be unable to resist sister when she coerced her into signing the life estate.. It would also help support this claim if sister was the one who had all the paperwork drawn up and then basically surprised mother with it and got her to sign....not something that they had discussed over time and eventually got done..

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thanks

Barrister