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You need to draft a release of the life estate and ask your mother to sign it. Only she can release the life estate to clear the title.

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Q: What are the rights of the property owner who gives their mother a life estate to live in the house as long as lives but now she can no longer live there?
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Related questions

Does a stepfather have rights to property if mother had a life estate?

No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.


What were the changes in the rights of the second estate as a result of the National Assembly?

Nobles were no longer able to own property


Can one obtain a life estate after a property is sold?

No. Once the property has been sold the grantor no longer has any rights in the property. Therefore, they can no longer reserve the right to a life estate. If the new owner is agreeable, the property could be reconveyed to the prior owner, then they could draft a new deed reserving a life estate.


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.


If a property is owned by the daughter and the deceased mother is that considered the deceased estate?

The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.


Mother leaves will to son but son dies does his spouse have any rights to property?

If the mother's will was probated and the son died AFTER his mother then the property is in the son's estate. His estate would need to be probated. The property would pass to his heirs under the terms of his will or according to the state laws of intestacy. Generally, a surviving spouse is entitled to a portion, if not all, of her husband's estate. You can check your state laws at the related question link below. If the son died before his mother, the property would pass according to his mother's will or the state laws of intestacy as his mother's intestate property.


What happens in a life estate when the son gets divorced in wi?

A life estate is a right in property. Rights in property don't go away. The name on the life estate is the person that retains the rights to the life estate.


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

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


Can you evict a stepmother if the property was given to you by a quitclaim deed through a father?

Maybe, but the law protects the rights of spouses. Your step-mother may have a life estate in the property. You will need to consult a probate attorney and the will to determine what her rights are.


Does life estate automatically bequeath mineral rights to real estate?

No. A life estate includes the right the use and possession of the property for life. Only the fee owner can sell the property or rights therein.


When mother dies and daughter is on deed as joint tenant with rights of survivorship does daughter have sole rights to property if will says property divided among heirs?

Yes. If you owned the property with your mother as joint tenants with the right of survivorship then sole ownership passed to you when she died. She could not dispose of her interest by will. IF the property is mentioned in her will the gift would be null and void because the property was not part of her estate.


You co-signed on your sons mortgage you have your own property in a life estate can your sons mortgage company have any rights to your property that is in the life estate?

If the property in which you have a life estate is a separate and distinct property from the property your son mortgaged (and you co-signed) then the lender has no rights in your life estate property. If the property your son mortgaged is the same property in which you have a life estate then if he defaults on the mortgage and the lender takes possession you will also your life interest in the property since you also signed the mortgage.