Notarized lifetime rights transfer

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What is the name of your state? Florida
My mother made me executor of her will. She gave brother #2 lifetime rights to the house, equal shares of the house to brother #3 (as long as he doesn't sell anything in the house), and my son and daughter equal shares. Brother # 1 got $1. Brother #1 typed out on a piece of paper a transfer of the lifetime rights from brother # 2 to himself for $1 and had their signatures notarized. Is this legal? Would brother # 1 have to go thru me, the executor, or thru court, attorney or anyone else? Thanks for your help. Lori

 

[divgradcurl]

What is the name of your state? Florida
My mother made me executor of her will. She gave brother #2 lifetime rights to the house, equal shares of the house to brother #3 (as long as he doesn't sell anything in the house), and my son and daughter equal shares. Brother # 1 got $1. Brother #1 typed out on a piece of paper a transfer of the lifetime rights from brother # 2 to himself for $1 and had their signatures notarized. Is this legal? Would brother # 1 have to go thru me, the executor, or thru court, attorney or anyone else? Thanks for your help. Lori

What you've written is kind of confusing. It sounds like #2 was granted a life estate, and #3 and the son and daughter are the "remaindermen" -- in other words, they would receive title to the house after the life estate expired. Is that correct?

If it is, unless the life estate specifically requires that #2 retain and occupy the life estate or it expires, there is no reason why #2 couldn't transfer the life estate to #1, for $1 or whatever. Now, the "measuring life" doesn't change -- the life estate will expire when #2 dies, even if #1 "owns" the life estate now. And it doesn't change who gets the house after #2 dies -- the remaindermen still get it.

Generally, a life estate can be leased or sold to another, but the "measuring life" can never change.

Now, whether the transfer was legal or not, that would depend on whether #1 and #2 are otherwise capable of making a contract. But if the contract is valid, and there is nothing in the deed that prohibits the contract, yeah, such a transfer can be legal.

 

[[email protected]]

My mother intended for Brother # 2 to live in the house for the remainder of his life so he will always have a place to stay. The will says Brother # 2 has "life estate plus 1/4 of the property", my daughter has 1/4 of the property, my son has 1/4 of the property and Brother # 3 has 1/4 of the property. Now, Brother # 3 (who has life estate) is kind of 'slow' due to an illness he had when he was very young. He's very gullible. The probate lawyer said when the will was executed that brother # 2 basically had ownership of the house?

Brother #1 talked him in to signing a paper he typed up which says "To Whom It May Concern, I, brother #2, do hearby sell and relinquish my one quarter share of the property at this address to my brother # 1, for the total price of one dollar." It is signed, dated and notarized.

Brother # 1 typed up the following for him to sign: "To Whom It May Concern, I brother #1, agree to pay my brother #2 one dollar for his one quarter share of the property at this address. Also, I agree to the stipulation in the will of my mom, our beloved mother, that brother # 2 continues to have lifetime rights to inherit and live in the above residence. Also in the even of my death, the property above described will revert back to my brother # 2. It is signed, dated and notarized.

Is this legal? My mother did not intend for brother # 1 to have any part of the house. If it is legal, is there anything that can be done? Thanks.

 

[divgradcurl]

Well, here's the thing. If a life estate is granted -- in this case to #2 -- AND the same person is also a remainderman, then the life estate is "extinguished" and the remaindermen immediately take ownership in fee of the property. In other words, if the will said essentially "#2 for life, then to #2 + others," the life estate basically never exists, and the property goes directly to #2 + the others.

So, based solely on what you've written, it looks like the life estate was never established, and that #2 and the others took immediate possession of the house when the will was probated.

If that's the case, then #2's transfer of his interest to #1 may make #1 a tenant in common with the other heirs. You should get #2 an attorney to review the will and all related documents, and see if anything illegal was done, and if it was, if the illegal acts can be unravelled.

 

[seniorjudge]

My mother intended for Brother # 2 to live in the house for the remainder of his life so he will always have a place to stay. The will says Brother # 2 has "life estate plus 1/4 of the property", my daughter has 1/4 of the property, my son has 1/4 of the property and Brother # 3 has 1/4 of the property. Now, Brother # 3 (who has life estate) is kind of 'slow' due to an illness he had when he was very young. He's very gullible. The probate lawyer said when the will was executed that brother # 2 basically had ownership of the house?

Brother #1 talked him in to signing a paper he typed up which says "To Whom It May Concern, I, brother #2, do hearby sell and relinquish my one quarter share of the property at this address to my brother # 1, for the total price of one dollar." It is signed, dated and notarized.

Brother # 1 typed up the following for him to sign: "To Whom It May Concern, I brother #1, agree to pay my brother #2 one dollar for his one quarter share of the property at this address. Also, I agree to the stipulation in the will of my mom, our beloved mother, that brother # 2 continues to have lifetime rights to inherit and live in the above residence. Also in the even of my death, the property above described will revert back to my brother # 2. It is signed, dated and notarized.

Is this legal? My mother did not intend for brother # 1 to have any part of the house. If it is legal, is there anything that can be done? Thanks.

I don't know how you can determine who intended what since what you have described is one of the most convoluted legal messes I have ever seen.

I agree with divgradcurl...get a lawyer...and REAL soon....

 

[lwpat]

The notarized agreement may not be enforceable, especially if it has not been recorded. This is why you need an attorney to review a will. Otherwise it can end up a real mess as you have found out. It is now going to cost to straighten this out. One possibility is to have your kids purchase the shares of #2 and #3, record the deed and then deed a life estate back to them. This will also make it easier later down the road.