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  1. #1
    Join Date
    Jun 2007
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    3

    Default Can You Revoke A Life Estate Quit Claim Deed

    Hello-
    I am from Indiana and I was wondering if you can revoke a life estate? My grandma signed a quitclaim deed for an life estate and she has her 4 daughters on as the grantees. My one aunt had my grandmother sign this document plus who ever else knows what 3 weeks after she lost her husband, plus she was still grieving over her son she lost a year prior to my grandfather. My grandmother knew she signed a bunch of papers, but could not remember exactly what they were for. Now she wants to change her life eastate and all we are hearing is she cannot change or revoke it unless all the girls sign off. Is that true? There has to be a way to revoke that deed! Also can my grandmother sell any of her land or house with out permission of all the girls?

    katy_30

  2. #2
    Join Date
    Jul 2006
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    5,438

    Default Re: Can you revoke a life estate qiutcliam deed?

    If she signed a deed conveying the real estate to her four daughters and she reserved a life estate, then all she has now is a life estate. The four daughters are the remaindermen (meaning they get the remainder of what was left over).

    Generally, you cannot undo a deed.

    If grandma could prove undue influence (which is extremely hard), then she may be able to set aside or reform the deed.

    Grandma, if she wants to start a lawsuit, should expect about $30K in legal fees and about three years of time.

  3. #3
    Join Date
    Jun 2007
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    3

    Default Re: Can You Revoke A Life Estate Quit Claim Deed

    So my grandma can not sell any of her land or home with out having the deed revoked? Really, $30k? So what are the chances of proving undue influence? Now you have me worried.. I do not know if I want to throw away $30k if she does not win. I believe that she may have a good case because she was still dewelling over her son, her husband just past not even 4 weeks, and my aunt, the one who will not sign off, had people getting ready to auction off my grandpa's belongings so my grandma was under a lot of stress and she thought her daughter was doing the right thing for her. My aunt did this to her brother-n-law also. He was in the hospital and she told him that he had to sign some papers to help pay his medical expenses and actually it was power of attorney papers. Now he is no longer here and her husband and her sold everything he had... It is a very sad situation.

  4. #4
    Join Date
    Jan 2006
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    25,822

    Default Re: Can You Revoke A Life Estate Quit Claim Deed

    So my grandma can not sell any of her land or home with out having the deed revoked?
    you are misunderstanding the situation, or both me and srjudge are. If g-ma lives in the house (which would generally happen if she reserved a life estate for herself) she actually no longer owns the house. All she owns is the life estate. She can rent or sell that life estate typically but whomever rents/buys that will only have the same tights as g-ma and only until g-ma dies, when the life estate is extinguished.

    If it is some other situation other than g-ma reserved the life estate for herself, then please clarify so we can go from there.

    If it is as I and srjudge see it, srjudges advice is correct. If g-ma wishes to revoke the deed, then she will have to go to court to prove undue influence or some other reason she could not legally grant the property to another at that time.

    This is one of those times the best advice from here is:

    seek counsel with a local attorney that can review the facts and advise you (g-ma) as to any actions she has avaiable to her and a guess as to how successful any of those actions may be.

  5. #5
    Join Date
    Jun 2007
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    3

    Default Re: Can You Revoke A Life Estate Quit Claim Deed

    OK, I think I am understanding what you are saying. So even tho her, grandma, name is on the deed to the house and property, she cannot sell because the life estate over powers that one. Am I on the right track or am I more confusing? I know the life estate says she can live there for as long as she is alive. When she passes away does the life estate kick in or does it die also? Meaning, does the daughters get thier share or does it die and her living will kicks in.

  6. #6
    Join Date
    Jan 2006
    Posts
    25,822

    Default Re: Can You Revoke A Life Estate Quit Claim Deed

    G-ma living there IS the life estate in action. G-ma has the right to live there even though it is not technically her property anymore. She has already deeded it to the others and is simply allowed to live there.

    When g-ma dies, the life estate ends and the remaindermen (the folks who she has deeded the property to get the property, both in title and physical possession. The will cannot change that. The "deed" is done.

    Until g-ma dies, g-ma has physical possession but not title.

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