Legal Question in Real Estate Law in Wisconsin
I gave my parents a quick claim deed for life use and occupancy of my home twenty two years ago. The reasons for this at the time have long passed. I am having some trouble with the banks refinancing a loan. My parents have agreed they no longer need the life use and occupancy on the deed any more. They have no problem signing off on it. If i file another quick claim deed to delete them from the deed. What wording do i need to use in the description to recind the conveyed life and use.
1 Answer from Attorneys
What you are asking here makes no sense; if you deeded your homestead real estate to your parents years ago and only reserved a life estate for yourself, then it is you rather than your parents who are essentially no longer on the deed and not them, meaning that a total re-titling of the property would be required, which conveyances would need to be joined by all parties with a legal interest in the land. Additionally, if any judgments, tax or child support liens or other potential real estate encumbrances where entered against you or your parents in the interim, they would potentially create a cloud on the title for whoever took the property back. I would therefore never recommend "do it yourself" real estate deeding in this or any other circumstance. Instead, you should hire an attorney and pay for a title search before considering any sort of real estate transfer, since the outcome may otherwise be totally different than what you intended. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically tailored to you and your case. Instead, you should retain a lawyer in order to meet your legal needs, since I will be taking no action on your case. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information. Non-clients disclosing confidential information consent to the adverse use of such information against them if attorney ever represents opposing parties. This may occur unless attorney is formally retained, or unless information is provided in private circumstances with specific notice to atty that it is given in confidence in an attempt to obtain legal representation. Sender�s lawfirm engages in debt relief by filing bankruptcies for some clients and all communications may include advertising materials. No suggestions of attorney may be used for illegal avoidance of taxes or penalties or solicitation of same.