Legal Question in Real Estate Law in Massachusetts

The life estate from the former owner has carried over to my deed.

My husband and I placed a bid on a house, offering full asking price, and it was accepted. Selling price; $239,900, mortgage amt. $125,000. The closing date arrived. At the closing all parties were represented by separate lawyers, sellers had separate lawyers (2 brothers representing mother by POA). All legal papers were signed on Sept. 27, 2002. Meanwhile, property tax bill arrived Jan 2, 2003, states property still held under former owners name, with my husband and I secondary. As the city tax collector explained it, I am paying for a mortgage to a house that I have no legal rights to until the owner passes away. The owner is in a nursing home with alzheimer's type dementia. The house was supposedly sold with a clear title by her two son's represented through a broker, who assured me that the title was free of defects. Do I have any recourse either separately or jointly with my husband? This property is worthless as long as the previous owner is alive, but I do not intend on sitting on this property waiting for someone to pass away. What are my rights separate from my husband?


Asked on 1/05/03, 11:52 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: The life estate from the former owner has carried over to my deed.

Were you represented by an attorney (seperate from the lender's counsel)? If so, have you consulted with the attorney regarding the problem. The title search done by the bank should have discolsed a life estate on the property. Who signed the deed conveying the property to you? Who is referred to as "the owner" in your question? If the holder of the life estate signed the deed, then she transferred the life estate at the closing and therefore extinguished the life estate. You should consult with an experienced real estate lawyer to review all of the documents including the deed to determine if there is an actual issue.

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Answered on 1/06/03, 2:48 pm


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