Legal Question in Real Estate Law in Minnesota
How does a living deed work?
I would like to know how a living property deed works? When my Aunt and Uncle were able they deeded their home over to my cousin with the understanding they could live there as long as they wanted which they did before my Uncle died my Aunt insisted that they sign a quit claim to the property giving my cousin clear title. Since their death his siblings are trying to make him sell the house as they say their mother told them that is what she wanted done to it his understanding is that when they deeded the home to him it became his to do with as he wished. I am caught in the middle and want to know who is right since the deed was filed and recorded I am inclined to side with him. Please explain how a person can sign something away and then give it to someone else?
1 Answer from Attorneys
Re: How does a living deed work?
I've never heard of a "living deed." It sounds as if you are describing a deed which transfers ownership but retains a life estate. The life estate allows the person who has it to live in the property for the rest of his or her life.
Once your relative gives a regular deed that contains no reservation of a life estate, the life estate is gone and that property belongs to whoever's name is on the deed. If your relative had other plans, it should have been set up either in a will or other appropriate document.
From what you say, it sounds to me as if your cousin owns the place with no strings attached; and anyone who pressures him to do anything he doesn't want to do with the place has no grounds for that demand.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
