Legal Question in Real Estate Law in Iowa

I hired an Iowa attorney to prepare a Life Estate deed. I took papers for him to read but he made a warranty deed. I looked at the deed (didn't see the warranty deed) and asked where it said my kids are the "remaindermen" and he said it's there, they are all the same. I paid $92.00 for this. I emailed his office to ask how to get it released if I sold my home and he said both my kids and spouses would have to sign. That is when I realized he made out a warranty deed not a life estate deed. He said I would have to pay $92.00 for the 2nd deed to get the warranty deed released then he would make out the life estate deed for $92.00. I would be paying $276.00 for what I went to see him for. I tried several ways to get him to work with me but he will not.

What is it I need to get the warranty deed released? Is it a quitclaim deed? If so can I print it online and have it notarized? Then what do I do about getting a life estate deed prepared? I don't have $300.00 to pay for this. It was the attorney's error and he refuses to help me at all.

Thank you for your answer. I just don't know what to do.


Asked on 7/27/15, 1:07 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Without seeing the deeds, it is impossible to say if your attorney made an error or not. You cannot "release" a warranty deed, even with a life estate. If this deed has been properly executed, delivered, and recorded, the property has been conveyed. Under a life estate scenario, the property would have been conveyed to your children, reserving to you a life estate. Whether or not there was proper life estate language, your children and their spouses would need to join in any future conveyance, that is, they would need sign a deed. I would not suggest tackling this as a do-it-yourself project. I see very few DIY deeds prepared correctly. Sometimes correcting those errors costs much more than the $300 you are concerned with at present.

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Answered on 7/27/15, 1:20 pm


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