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  #1  
Old 05-07-2003, 09:22 PM
coddy
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living will


What is the name of your state? Ms.
i have a warranty deed to some property in which my daddy in law kept a living will. The deed was changed so we could file homestead exemption and the living will was left out. So now I have a correction deed also which also is a warranty deed.
Which one is legal? The original warranty deed or the correction warranty deed. Does one supercede the other?

Last edited by coddy; 05-08-2003 at 06:06 AM.
  #2  
Old 05-07-2003, 09:46 PM
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Join Date: Feb 2003
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Usually when someone draws up a new will, it will have other wills specifically addressed as being null and void. It is usually addressed at the beginning of the will, but it may be near the end.
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Old 05-08-2003, 10:47 AM
Boxcarbill
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Re: living will


Quote:
Originally posted by coddy
What is the name of your state? Ms.
i have a warranty deed to some property in which my daddy in law kept a living will. The deed was changed so we could file homestead exemption and the living will was left out. So now I have a correction deed also which also is a warranty deed.
Which one is legal? The original warranty deed or the correction warranty deed. Does one supercede the other?
What a confusing post.

Living wills, also called Medical directives, are made to inform a person's physician[s] of the person's wishes concerning the withdrawal or withholding of life-sustaining medical treatment in the event of terminal illness or permanent unconsciousness .

Last Will and Testament is a document which distributes a person's property according to their wishes after their death.

A Warranty deed is a written instrument by which a person transfers ownership of real property to another.
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Old 05-08-2003, 06:38 PM
coddy
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Life Estate


Boxcar Bill I can see why you say its confusing. I wrote
the wrong terminology. Let me re ask the question please.

My daddy in law gave us 20 acres which we recieved a warranty deed for. He told us that he had a life estate included. It does state in the deed, lifetime estate.
We couldn't file for homestead exemption with that deed. So he had another deed written, and it doesn't say life estate anywhere. It does say the land can't be encumbered as long as he is alive. It is a correction warranty deed.
Can you tell me?
Is this a lifetime estate?
Doesn't the 2nd deed take precedent over the 1st?
What exactly does "can not encumber" mean?

Why the question arose is I can't do anything with my own land except pay the taxes. I have owned and paid the taxes for 9 years. My daddy in law says he has the right to run his cows till he dies which means I can't plant pine trees for my kids or do anything to the land except spend big money on fences to keep the cows out of my yard. He has sold all the cows to his son, but he demands we allow him to continue to use our land.
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