funwithterri
Junior Member
What is the name of your state? Arizona
My mother passed away without a will December 2001 leaving her home to myself and 5 siblings. Before her death she had recorded her real property in a warranty deed with the County Recorder's Office which reads reads as follows:
For the consideration of $10.00, the grantor(my mother) conveys to (lists each of
her children's names) real property (shows the property descripton)
Reserving unto the grantor herein a life estate
This is a "Gift Deed" to all grantor's children.
Her signature follows including the County Recorder's Official seal that the deed was filed and recorded. At the time she handed me the deed, her wishes was that I remain in the home after her death and it would be available to her grandchildren, should they ever need a place to stay. To date, I have honored her wishes.
September 2005, my sister (joint owner of property) filed a Chapter 7 Petition in the Bankruptcy Court. Because she does not reside on the property, her ownership interest (1/6th) became part of the bankruptcy estate. The bankruptcy trustee filed a petiton for the property to be sold and that my family and I vacate the property. I learned that the property has been put on the market to sell by way of a interested buyer who came by to look it. The house is paid off and there are no liens on it. Can they legally force us out of the home and sell it.? My funds are very limited and unable to seek legal advice. Please, any suggestions that may help me from losing my mothers house will forever be greatful and very much appreciated. Losing my mom continues to be very painful, losing the house we grew up in and the memories it has generated over the 30 years will turn our world upside down.
Please help me!!!!!!!!!
Worried Home Owner
My mother passed away without a will December 2001 leaving her home to myself and 5 siblings. Before her death she had recorded her real property in a warranty deed with the County Recorder's Office which reads reads as follows:
For the consideration of $10.00, the grantor(my mother) conveys to (lists each of
her children's names) real property (shows the property descripton)
Reserving unto the grantor herein a life estate
This is a "Gift Deed" to all grantor's children.
Her signature follows including the County Recorder's Official seal that the deed was filed and recorded. At the time she handed me the deed, her wishes was that I remain in the home after her death and it would be available to her grandchildren, should they ever need a place to stay. To date, I have honored her wishes.
September 2005, my sister (joint owner of property) filed a Chapter 7 Petition in the Bankruptcy Court. Because she does not reside on the property, her ownership interest (1/6th) became part of the bankruptcy estate. The bankruptcy trustee filed a petiton for the property to be sold and that my family and I vacate the property. I learned that the property has been put on the market to sell by way of a interested buyer who came by to look it. The house is paid off and there are no liens on it. Can they legally force us out of the home and sell it.? My funds are very limited and unable to seek legal advice. Please, any suggestions that may help me from losing my mothers house will forever be greatful and very much appreciated. Losing my mom continues to be very painful, losing the house we grew up in and the memories it has generated over the 30 years will turn our world upside down.
Please help me!!!!!!!!!
Worried Home Owner
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