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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.

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Q: Can you please give you the wording for a deed when Mother own property and wish to transfer it to her son - reserving a life estate for the mother?
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Can you please give you the wording for a deed when Husband and Wife own property and wish to transfer it to themselves as Husband and wife and her mother - reserving a life estate for the mother?

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.


Life Estate wording to deed mother property for her life?

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.


If you are the only heir and your mother dies in South Carolina with the house in both your names what do you do?

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 a mother deeds a property to her son is it now legally his house can she take it back?

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.


Can you take a loan on a property owned by your mother?

No. You have no rights in your mother's property.


Can my tax lien be placed on my mother's property if I have no ownership and haven't lived there for 10 years?

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.


Can your mother Quitclaim her house to you if there is a judgment lien against the property?

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.


My mother transferred her property to me and I want to transfer it back. How do we do that?

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.


Mother has dementia and a revocable trust you have power of attorney can you transfer the deed on the house to your sister and yourself by a quitclaim deed and sign it as power of attorney?

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.


If a bill with two different wording or dollar amount is passed by the senate what happens to the bill then?

your mother


You lived in the property for seven years and been your mothers caregiver for three years. The property was gifted to you and your mother has to go into full time care. Will the property be affected?

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.


Can an adult child named on a JTWRS deed with their mother be evicted if the mother dies due to large credit card refinancing on the mortgage loan if the loan is only in the mother's name?

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.