Legal Question in Wills and Trusts in Ohio

Quit-Claim Deed & Unfransferrable life estate

My mother did a quit-claim deed of her home to me in August 2002. In the letter to her from her attorney he wrote that I, her son, has ownership in such property while reserving an untransferrable life estate to her. Exactly stating...''Reserving unto the grantor in said property an untransferrable estate for the life of ......'' She has now decided she wants to mortgage or sell her home. As I understand it, the house is mine but she can live there until she dies. My question is, can she do anything with this house, such as mortgage or sell it without my knowledge or consent? Also, could this quit-claim deed be reversed in any way, putting it solely back into her name without my knowledge? She lives in Ohio and I in Florida, and lately she hasn't been thinking clearly. I just don't want her to do anything stupid to lose her home. Being so far away makes it difficult. Also, I have possession of the quit-claim deed if that makes any difference. Thank you very much for your prompt reply!


Asked on 3/20/05, 10:07 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Quit-Claim Deed & Unfransferrable life estate

Unless the life estate is contained in the deed itself, she has none. In any event, unless the deed is set aside by a court, you are the listed owqner and she cannot sell it.

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Answered on 3/21/05, 5:14 am


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