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My mother owns some land in County it is currently in her…

Customer Question
My mother owns some...

My mother owns some land in Butler County it is currently in her name and another party for

Lawyer's Assistant: Where is the property located?

Butler County Nebraska it is farm acreage and she has another partys name on it for the purpose of in case she would end up in a nursing home to avoid them taking it. My question is can she sell this property and would this other party be entitled to any of the money from it

Lawyer's Assistant: Has any paperwork been filed?

The only paperwork I know of being filed is when she put their name on the property. She asked her attorney if she could remove this partys name and he told her not without his consent

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is not sure how she did this since I am her only living relative and she feels all this land should go to me on her death. She has other property which has my name on it in another county

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 24 minutes by:
1/5/2018
Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 3,700
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

Is the other person willing to take his name off the deed?

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Customer reply replied 1 month ago
we don't think so\ he convinced her she would only get $150 an acre if she sold it where it is worth $4000 an acre. he leases it for $150 an acre
Customer reply replied 1 month ago
can't call at moment both my phones are tied up
Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

That is fine. Hold, please.

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Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

So, his name is ***** ***** deed and at the same time he leases the land, is that correct?

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Customer reply replied 1 month ago
the deed is his name c/o my mother she just wants to know if she can sell this land and what he would get out of it
Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

Are you saying the deed is in his name for the care of your Mother?

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Customer reply replied 1 month ago
in care of my mother. she receives all money from the land and is responsible for the taxes he does not have to pay any on the taxes and pays the rental on the acreage
Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

Okay. Hold, please. I am researching.

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Customer reply replied 1 month ago
he has nothing to do with her care I take care of that she resides with me in Kansas she took his name off of her medical and financial power of attorney and assigned that all to meas of a few months ago previously to that he did have dpoa
Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

The "in care of," causes issues making the ownership of the property unclear. Was there an attorney involved in your Mother signing the new deed with the "in care of," language?

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Customer reply replied 1 month ago
she did the same with other property in the adjoining county which is mine and my childrens names
Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

Thanks for the additional information. It is unclear whether this land is considered jointly owned or an actual transfer took place with some ownership right that your Mother continues to have. So, if there is a sale of the property, the other party could obtain part of the proceeds depending on the ownership rights. This would be similar to the land that your Mother has with you and your children's names. The property would be treated the same way if deeded in the same manner.

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Customer reply replied 1 month ago
we kind of figured that would be the case I will contact a real estate agent in Nebraska and go from there Thank you for your time
Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

You are welcome!

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