Legal Question in Wills and Trusts in California
Changing a Life Estate's property deed
My mother has a life estate that includes only her home. My 3 brothers, 2 sisters and I are named as the beneficiaries in her Will to the property and are listed on the deed. Since the life estate was drawn up, two of my brothers have died. My question is shall, and can their names be removed from the deed now, or does their interest succeed to their �estate�?
One brother that died has no children and was never married. The other had a wife and 3 children. My mother is 86 and in poor health, my sister has power of attorney over her affairs.
1 Answer from Attorneys
Re: Changing a Life Estate's property deed
Having the deed established like this could have a number of negative impacts, both from the cloud on title standpoint and tax standpoint.
A lot will depend on how the title is held, as joint tenants or tenants in common. I would need to see the deed.