Legal Question in Real Estate Law in New Jersey
Life Estate Law question
My mother in was under the impression that she had signed her home over to her neice (primary) and son (secondary) upon her death. I beleive this is called a quit claim? After having a friend look over the paper work it looks like her neice has herself down as the sole owner upon my mother in law's death leaving her son out. My mother in law now feels betrayed and wants to remove her from the quit claim totally. How easy is this to do? I have not looked at any of the paperwork so I am unsure what she actually signed. All I know is that what she signed makes them unable to remove her from the home.
3 Answers from Attorneys
Re: Life Estate Law question
I would have to see the deed.
If she executed a revocable trust deed and she is thr trustee the correction is easier, however a quit claim deed commonly is used for a current transfer of interest in the property.
Did your mother's attorney draft the deed?
Good luck to you.
Re: Life Estate Law question
I have read what the other lawyers said, and I can repeat that I would need to see the Deed and maybe other documents to figure out what has happened here. It does not sound like the results are what she wanted.
You are in Jersey City, about a half hour drive away from me. If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.
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Re: Life Estate Law question
Without seeing the Deed, and how title has been registered, a reply cannot be made, except generally. If her intent was to include multiple people as owners, and only one is named, litigation may be necessary to correct this. Yet, you refer to a primary and secondary owner, and even this is unclear, as to what was her intent. Was she going to allow the niece to live there, with the house ultimately going to her son, or did she intend to give it to the niece only if she was living, and, if not, to the son? The use of primary and secondary is confusing and more information is needed.