Mother's request

[Souleret]

What is the name of your state? Montana

My mother has has helped her daughter and son-in-law build a home for the three of them. my mother's name is on the deed.
she wants to remove her name from the deed but wants some kind of legal foam that states she can live there for the rest of her life or until she agrees to sell. is there such a form? Can I download from the internet?

 

[hexeliebe]

How many other people are on the deed?

 

[Dandy Don]

What she is thinking of may be called a life estate, but it is vitally essential that you get this done through a probate attorney and/or real estate attorney to make absolutely sure it is done legally correct. Any mistakes could result in unintended consequences, and this is not something you should do yourself.

Has your mother already made out her will? This situation could also be covered there.

 

[Souleret]

There is two other persons on the deed. Her daughter and son-in-law.

 

[hexeliebe]

O.K. since there are two names on the deed here is what she will have to do.

1. have the deed changed to "Joint Tenant with Right of Survivorship" so that if anything happens to Daughter or Son-in-law or both, the house remains hers, or;

2. have the deed changed to reflect a "Life Estate" .

DO NOT have her take her name off the deed without one of these two things. Otherwise, she has no legal claim to stay there at all.

One other thing you are missing also. As it stands now, sil can file a PARTITION action and actually cause the home to sell, with or without momma's blessing. In fact, either party may do this.

Therefore, what I would advise you is to have momma immediately (tuesday morning) contact a real estate attorney in her area for the options available to her.

Someone else may have other ideas but these are the only two I can think of.

 

[nextwife]

I think a life estate is definately a good idea. That way, if the daughter and son in law ever divorce or run into financial trouble, they cannot force her out of the property to cash out. Yes, talk to a RE attorney.