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Quit-claim deed w/retained life estate?

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bobbie5015

Junior Member
What is the name of your state? Indiana
2 years ago my mom filed a quit claim deed of 2 acres of land to my brother and i, as joint tennants with rigthts of surviveship, mom retaining a life estate. Their was a house located on on acre and i built a house (free of any payments/cash) on the other acre. She recently evicted my brother from her/his house. My mother and I would like to have her retained life estate and my brothers name removed from my acre so that no one has any claim on my property. Can She quit claim the acre to me without my brother signing off on the deed? She was able to evict him off the property untill she passes away, he has no right to it, according to the judge who evicted him. So does that mean she has all rights to go and change the deed anyway she prefers? Perhaps selling her half off and my half to me for 1.00? My brother and I never signed anything to receive the property, it states that when she dies it becomes ours so that we dont pay any heritance tax. Does that mean my brother does'nt have to sign anything because its not actually his or Mine?
 


HomeGuru

Senior Member
bobbie5015 said:
What is the name of your state? Indiana
2 years ago my mom filed a quit claim deed of 2 acres of land to my brother and i, as joint tennants with rigthts of surviveship, mom retaining a life estate. Their was a house located on on acre and i built a house (free of any payments/cash) on the other acre. She recently evicted my brother from her/his house. My mother and I would like to have her retained life estate and my brothers name removed from my acre so that no one has any claim on my property. Can She quit claim the acre to me without my brother signing off on the deed?

**A: since she is no longer the owner (by virtue oi the first quit claim( she has no further rights to do a quit claim. Furthermore, unless the 2 acres is somehow legally subdivided, there can not be a simple transer of interest for only 1 acre. Your brother is a legal owner until HE transfers his interest.
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She was able to evict him off the property untill she passes away, he has no right to it, according to the judge who evicted him.

**A: that's because of the terms and conditions of the life estate agreement. In such an agreement, Mom has full rights, care, custody and control of the property until her death.

***************

So does that mean she has all rights to go and change the deed anyway she prefers?

**A: of course not. See above.
************
Perhaps selling her half off and my half to me for 1.00?

**A: once again, she does not have "her" half or any half.

******************

My brother and I never signed anything to receive the property,

**A: he did not need to sign anything to receive the property.
When you were a kid, did Santa make you sign for those Christmas gifts?
Same principle.

***********



it states that when she dies it becomes ours so that we dont pay any heritance tax.

**A: the word is inheritance with an i.
And speaking of I, I think you should actually READ the life estate agreement.
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Does that mean my brother does'nt have to sign anything because its not actually his or Mine?
**A: oh brother, please unconfuse yourself.
 

bobbie5015

Junior Member
Quit claim deed w/retained life estate

HomeGuru said:
**A: oh brother, please unconfuse yourself.
I have read the deed many times. It says (name of grantor)releases and quit claims the property to (my brother) and (myself) for the sum of $1.00 as joint tennants and not as tennants in commom. With rights of survivorship. and the grantor retains a life estate. But what confused me was when my brother was evicted from the house,the judge said that mom can do what ever she wants with the property untill she dies. so i figured that her deed was more like a living will than a deed, and she could have it changed to meet her needs, after all it is still hers! I also noticed that on previous deeds the grantor and the grantee must sign the deed when the title is transfered. Where as i have not.So i guess my question is , Is it possible for her to go and have it changed or will she have to sue my brother to have his name legally removed?
 

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