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Lilbrowneyes

Junior Member
What is the name of your state? Missouri. I have posted this in another section and have not got any replies. Maybe someone in this section can give me some advice. My great-aunt deceased with a will. She had 20 acres, she divided it into 3 different tracts. She gave 4 acres to her cousin for lifetime which included the home and retail business. Upon the cousins death it goes to her daughter. In the event her daughter deceases the cousin it goes to her brothers and sisters. Then she left 13 acres to her daughter as her absolute property. Then the remaining 3 acres to her brothers and sisters as their absolute property if they decided to sell their interest in this 3 acres that they give first choice of purchase to the cousin. After the death of my great-aunt the cousin came to everyone to purchase what they received. On the quit claim deeds the description states all their undivided interest in the whole 20 acres (description). The cousin stated they sold everything to him including the life estate. He just deceased and he left the whole 20 acre description to his new wife and her children by quit claim deed. Can he purchase this life estate from the brothers and sisters without their knowledge? He did not purchase it from the daughter. This was in 1983, The daughter did decease in 1995. Did the brothers and sisters own this property to sell it to the cousin even though the daughter was still alive? Any advice would be greatly appreciated.
 


Shel77

Member
Ok, I am going to attempt to make sense of this, not trying to be rude but I see why you got no responses this 20 acres was divided into 3 parts two of witch were given as absolute property the other section (the one in question) was left to her cousin when the cousin died it was to be given to the cousins daughter and when the daughter died it was to be given to the daughters brothers and sisters.

Ok, now what you are saying is that the cousin died and while the property should have been in the daughters name somehow your other cousin (whom purchased the other two lots) purchased the 4 acres with the home and retail buildings on it even though the daughter had no right to sell it because upon her death she was to leave it to her brother and sister? You need to go to the court house and see if you can get the documents on the sell of this land and see who actually sold it to the cousin. I am assuming that you have some sort of interest in this property as well and in order to straighten this out you will most likely have to hire an attorney. Are the brother and sister of the deceased daughter still alive? Do they want the property that was willed to them?
 

Lilbrowneyes

Junior Member
Shel77 said:
Ok, I am going to attempt to make sense of this, not trying to be rude but I see why you got no responses this 20 acres was divided into 3 parts two of witch were given as absolute property the other section (the one in question) was left to her cousin when the cousin died it was to be given to the cousins daughter and when the daughter died it was to be given to the daughters brothers and sisters.

Ok, now what you are saying is that the cousin died and while the property should have been in the daughters name somehow your other cousin (whom purchased the other two lots) purchased the 4 acres with the home and retail buildings on it even though the daughter had no right to sell it because upon her death she was to leave it to her brother and sister? You need to go to the court house and see if you can get the documents on the sell of this land and see who actually sold it to the cousin. I am assuming that you have some sort of interest in this property as well and in order to straighten this out you will most likely have to hire an attorney. Are the brother and sister of the deceased daughter still alive? Do they want the property that was willed to them?
Ok...Let me try to explain it this way. Here is exactly what the will states. I give and devise the North 4 acres to (cousin) during his lifetime upon his death to my daughter. In the event my daughter predeceases (cousin) said real estate goes to my brothers and sisters. This was under Article II of the will. Article III of the will says I give and devise 13 acres south of the 4 acres to my daughter as her absolute property. Article IV says after Article II and Article III are met I give and devise the balance of the real estate to my brothers and sisters as their absolute property (which is 3 acres) share and share alike. If any of those in this article decide to sell their interest they must give first choice of purchase to (cousin with the life estate). The cousin of my great-aunt approached her brothers and sisters to purchase the 3 acres. My great-aunt had 2 brothers and 1 sister. The cousin approaches 1 brother and 1 sister in 1981, their deed says all their undivided 1/3 interest in the south 3 acres of the (North 1/2, Southeast Quarter, etc... 20 acre description). Being all the land I inherited under the *** estate. My grandfather was deceased he had 7 children. The cousin (with life estate) approaches 3 of the children and told them they had 1/7 of 1/3 interest in the south 3 acres (which is nothing). The 3 kids sold their undivided interest in this 3 acres. But on the deed it says..All of our undivided interest in the (North 1/2, Southeast 1/4, etc...which is the whole 20 acres). The cousin states he owns the life estate because of the descriptions on the deeds. No the brothers and sisters did not sell their interest in the life estate but by the deed it says they did. They were not told they were selling the life estate along with the 3 acres.
 

Shel77

Member
Like I stated before I am assuming you have some sort of stake in all this and that it would benefit you to get this property that was wrongfully sold back, Most likly there really is not anything that anyone here can advise you to do other than to get a real estate attorney, The main reason that it is all a bit complicated and will reguire an attorny in the end. I feel from what I understand that you do have a situation here that can be fixed one way or another but you will need to seek the advice of an attorney that can throughly look over this and advise you and your family as to what can be done. Good luck! :)
 

Lilbrowneyes

Junior Member
I appreciate your advice. I have nothing to gain from this, but my father does. He is one of the 7 children who sold his interest. He thought he sold his interest in the 3 acres (as he was told) but the deed shows different. And this property was his grandmother and grandfathers home and business. All they wanted to do was leave it in the family but now someone else has it. I have an attorney doing a title search on the property to see who it is showing as owners. I cannot seem to get a straight answer from attorneys. I guess what I am asking is if someone who benefits from a life estate can they purchase the future interest in someone else. And no one can seem to tell me.
 

shortbus

Member
Your explanation is not clear. Suffice it to say -- both pieces of a life estate (the current estate, and the future estate) can be sold by the parties who own them.

A quitclaim deed conveys ALL your interests in a piece of property to the other person. That means any parts you own absolutely, any future estates you own, everything.

So if the cousin got quitclaim deeds from everyone covering their interests in the full 20 acres, then he bought absolute title to the full property. If the sellers didn't "know" they were selling their future interests, well, they should've gotten better legal advice. Too late now.
 

Lilbrowneyes

Junior Member
Ok...I'm trying to get this straight. You say, that the cousin is able to buy the current life estate? He is the one who lives on this property. I cannot see how someone can purchase future interest when my father did not own the life estate. He was to only receive it after the testators daughters death.
 

shortbus

Member
Here's how it works. Suppose Owner grants a life estate to Alice in a farm, and stipulates that on Alice's death, the farm goes to Bob.

Both Alice and Bob have interests in the farm that can be sold. If Bob signs a quitclaim to Charlie, he is selling his future interest to Charlie. Then Charlie will get the farm when Alice dies. The important thing is, Bob doesn't need to CURRENTLY own the property to sell his interest in it.
 

Shel77

Member
Shortbus, I do not understand that either how can the daughter sell property that techinally was only hers until she passed away, how can the will be forfilled if the op's father never recieves the property that was to be his after the daughter passes away, also if I remeber correctly and have this straight the daughter has now passed away so since there was noone that was to get this property in the will after the op's father he is the only one who would have the right to sell it. Am I missing something here?
 

Lilbrowneyes

Junior Member
Shortbus, Ok I see what you are saying. Now, it stipulates in the will that it would go to Charlie if something happens to Bob, but in the event Charlie deceases before bob it goes to Mary, John, Sam. Can Bob go to Mary, John, and Sam (when Charlie is Alive) and purchase their future interest? Bob is purchasing interest not selling it. Charlie never sold anything. Now the way I see it Mary, John, Sam does not own this property because they were told Charlie was going to get this property. But see, Charlie has now deceased so Mary, John, and Sam has interest in this property.

Another example of this is A (ownes) gives to B (lifetime) upon B's death C (will own). In the event C deceases D,E,F (will own).
 
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shortbus

Member
Mary, John & Sam have what's called a "contingent remainder", meaning they don't receive the property unless some condition happens (namely, Charlie predeceases Bob).

This is just another future interest in property that can be sold. Again, it doesn't matter that they don't currently have the property and they might not ever have the property. They are selling the possibility of receiving the property.

And, anyone can buy this interest -- including Alice, Bob or Charlie.
 

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