Deeds should always be drafted by a professional. You should consult an attorney who can review your situation, explain your options and the consequences and draft a proper deed for your jurisdiction.
Don't know about your particular state, wherever it is, but such a deed sounds like, "X and W now GRANT, for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the described property to X and W, husband and wife, as joint tenants (or as tenants by the entirety in some states), and the respective heirs, successors and assigns of the survivor among them, reserving a life estate for M, the mother of W." You can ask a local attorney to prune away the parts that don't apply in your state, and to add any particular "magic words" that are required.
Martha Rutledge hereby grants the property to Sherri Pratt reserving a life estate.You should note that deeds should always be drafted by an attorney who can draft a proper deed for your jurisdiction and explain the consequences. Errors (and they are common) by non-professionals can be costly to correct later, if they can be corrected.
Generally the deceased share of the property will automatically pass to the surviving owners. The status of the property would however, depend upon the wording of the property deed.
If mother conveyed property to her son by a valid deed then he is the new owner. She cannot nullify a deed once she has signed it and it has been recorded in the land records.If son granted mother a mortgage in the property and she reserved the right to foreclose in that mortgage document she can take the property back by foreclosure if he defaults on the mortgage.
No. You have no rights in your mother's property.
No, unless your mother has died and you have an interest in her property by inheritance.No, unless your mother has died and you have an interest in her property by inheritance.No, unless your mother has died and you have an interest in her property by inheritance.No, unless your mother has died and you have an interest in her property by inheritance.
No. The property cannot be transferred, sold nor refinanced until the judgment lien is paid/settled or the judgment holder consents to the act. In California, we see people do it all the time. They file a Quit Claim, and transfer title to the property to someone else. They do not realize, however, that the lien is still on the property. So, if your mother quit claims her house to you, when YOU go to sell it, you will have to pay your mother's judgment. Or, the judgment holder may come after the property with a Quiet Title action. When they prevail with that, then they will do an action to partition the property, and it will be sold.
If the deed was recorded you must execute a new deed that conveys your interest in the property back to your mother. Then that deed must be recorded in the land records. If the deed was never recorded in the land records you could destroy it. If it was never recorded in the land records then the record title would still be in your mother's name.
IF the POA document is "Durable", and it granted you the power to transfer your mother's real estate, and it was executed by your mother when she had legal capacity, then you may be able to make that transfer. However, you should seek the advice of an attorney to discuss your options. If the transfer isn't proper it won't vest title in you and your sister and that situation may be costly to correct when you try to sell the property at some future date.
your mother
If the property has already been gifted to you, it has been conveyed into your name The status of your mother is irrelevant for the purposes of determining ownership of the property. You should consult with an attorney who specializes in elder law. The look-back period for property transfers by elders who then receive medical assistance is five years in the US. That means the state can place a lien in the property for up to five years after the transfer has been recorded in the land records.
Real property held as JTWRS does not enter probate procedure nor is it subject to creditor attachment unless the surviving owners are joint debtors. If there is a mortgage with outstanding balance or the house has been used as collateral to secure a loan, the surviving owners are responsible for the debt or the lender can foreclose on the property, regardless of the wording of the title. The property itself is the collateral for the loan and the lender is the lien holder of the property until the mortgage/loan is paid off.