Life Estate Deed

**JettaRed** · 08-28-2006, 08:46 PM

Can a Life Estate Deed be revoke by the grantor if the grantee dies before the grantor? (Within the state of New York.)

**aaron** · 08-29-2006, 05:54 AM

Is the issue that the grantor does not want the property subject to the deed to pass to the remaindermen?

**JettaRed** · 08-29-2006, 05:59 AM

Quoting aaron

Is the issue that the grantor does not want the property subject to the deed to pass to the remaindermen?

That is correct.

There are two grantees--sisters. One just died and the mother (grantor) wants the property to go entirely to the other daughter (grantee). The daughter that died is survived by a husband and two adult children. The mother does not want any ownership or control of the property to pass to the survivors.

**lwpat** · 08-29-2006, 07:23 AM

In a life estate, when the owner of the life estate dies, the property passes in fee simple to the remaindermen. You need to research the deed(s). If the sisters each had a life estate, the the surviving sister still has a life estate. The husband and children of the deceased get nothing unless they are named as remaindermen in the deed. A will of the deceased has no effect on a life estate since it terminates at death.