Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 7 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 24 minutes by:
1/5/2018
Real Estate Lawyer: DamienJD, Lawyer replied 7 months ago
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,442
Experience: Attorney. Well versed, understanding, friendly
Verified

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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: DamienJD, Lawyer replied 7 months ago

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

Ask Your Own Real Estate Law Question
Customer reply replied 7 months 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 7 months ago
can't call at moment both my phones are tied up
Real Estate Lawyer: DamienJD, Lawyer replied 7 months ago

That is fine. Hold, please.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: DamienJD, Lawyer replied 7 months ago

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

Ask Your Own Real Estate Law Question
Customer reply replied 7 months 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: DamienJD, Lawyer replied 7 months ago

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

Ask Your Own Real Estate Law Question
Customer reply replied 7 months 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: DamienJD, Lawyer replied 7 months ago

Okay. Hold, please. I am researching.

Ask Your Own Real Estate Law Question
Customer reply replied 7 months 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: DamienJD, Lawyer replied 7 months 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?

Ask Your Own Real Estate Law Question
Customer reply replied 7 months ago
she did the same with other property in the adjoining county which is mine and my childrens names
Real Estate Lawyer: DamienJD, Lawyer replied 7 months 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.

Ask Your Own Real Estate Law Question
Customer reply replied 7 months 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: DamienJD, Lawyer replied 7 months ago

You are welcome!

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask DamienJD Your Own Question
DamienJD
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,442
5,442 Satisfied Customers
Experience: Attorney. Well versed, understanding, friendly

DamienJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My step-mother got a Life Estate on the family farm, there
My step-mother got a Life Estate on the family farm, there was a house 23 years ago that could be lived in, but needed some repairs. There were also out building; barn, shop, a one bedroom smaller hou… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Father died in 2000. Mother still living. Mother sold farm
Father died in 2000. Mother still living. Mother sold farm land to sons at 1/4 the land value and the 2 daughters who are in the will, to each receive 1/4 of the land, got nothing and weren't even awa… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I have a farm in Pennsylvania and it has on the deed, "Excepting
I have a farm in Pennsylvania and it has on the deed, "Excepting and reserving for grantors/their heirs, a family cemetery , with a description of survey. It does not say how many acres the cemetery i… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,350 satisfied customers
My late mother left my father a life estate on her family farm
My late mother left my father a life estate on her family farm and left the remaindermen as the owners after my dad's death. The remaindermen sold the farm before my father the life tenant passed away… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
An extension based on the previous scenario- The will my
An extension based on the previous scenario- The will my grandmother currently has is a living will. A certain amount of acreage and the division of land has been made amongst her children; each child… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
we own land that a part of it was leased to a relatives for
we own land that a part of it was leased to a relatives for 99yrs in 1992, now that one of the relatives (male) has died and his wife is planning to sell the lease to a family member of theirs. (can s… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
My Mother has our farm in a living life estate. There is 3
My Mother has our farm in a living life estate. There is 3 of us children and the land has been deeded out in specific portions to each of us 3 but she still retains the living life estate. My brother… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
The farm land was given to 4 children upon the death of the
The farm land was given to 4 children upon the death of the owner. Only one of the 4 children is still living and does not want to sell the land. Her son has been farming the land for 40 years. She ow… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My family has a farm of which I am the owner however my mother
My family has a farm of which I am the owner however my mother and stepfather have a life estate in such. In 2007 we gave acreage, which was defined by line fences on both sides of the farm and at the… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
My mother passed away in January and our family inherited the
My mother passed away in January and our family inherited the land in Logan County North Dakota. We each will have about 95 acres of pasture and crop land together. Are the mineral rights which my mom… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My mother has life estate on her acreage and 100 acres at another
My mother has life estate on her acreage and 100 acres at another location. Why is it even though they are both in my name, that she pays taxes on the 100 acres and I only on the acreage? Is it becaus… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
The will is in tennants in common. We want it written up as
The will is in tennants in common. We want it written up as to where one has the right to sell without the other's consent in North Carolina state law. Is this joint tenancy?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My husband and I live in my moms house. She is 91 yrs. old
My husband and I live in my mom's house. She is 91 yrs. old and is in a nursing home. I have power of attorney for her affairs. We owe about $10,000 back taxes on her home and acreage, which we live i… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I have a tenancy in common deed that states that the partition
I have a tenancy in common deed that states that the partition of the land in question must be done by acreage. 1/3 of the land on the North up to and including the foundations of the old farm house i… read more
mclemorelawyer
mclemorelawyer
Doctoral Degree
4 satisfied customers
A man died in 1999, leaving a will which recognized his 5 children,
A man died in 1999, leaving a will which recognized his 5 children, but the only bequest in the will was his 'personal property' bequest to his wife as named. The man had owned a parcel of real estate… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My mother inherited her parents farm upon their death. This
My mother inherited her parents farm upon their death. This farm and land was homesteaded by my greatgrndparents in the 1890's in Nebraska and they livedin the South pasture in a Sod House with severa… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
We bought my mothers farm in NW FL in 2004 for $100K cash
We bought my mother's farm in NW FL in 2004 for $100K cash so that she could retire and pay off credit card bills and her $50k mortgage. We gave her a life estate at that time. Since then we have had … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
An acreage lies within the section and does not border ...
An acreage lies within the section and does not border the county road. A lane that has been used continually for more than 35 years is being used as entrance. The owner of the acreage wishes to sell.… read more
Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty
Managing Attorney
Doctoral Degree
1,032 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x