Life Estate, Quit Claim, and Unexpected Death

**valleygirl24** · 09-24-2008, 10:53 AM

My question involves real estate located in the State of: CA

Elderly G'ma (now 92 & in failing health) filed Quit Claim in '96 giving Life Estate (allows her to live in house until her death, to her daughter i.e my Mom). Mom unexpectedly died this year. Does real estate now become part of Mom's Estate/Probate and do beneficiaries become owners of property with Life Estate intact for Grandma? I am Executrix of Mom's Estate. One attorney tells me yes, because Quit Claim gave ownership to Mom, G'ma has right to live in house as long as she's alive. Original attorney (which has represented both Mom & G'ma for many years and handled Quit Claim and both their Wills) never mentioned anything about it!

Thank you for your time....

**lwpat** · 09-24-2008, 05:25 PM

You need to go to the courthouse and get a copy of the quit claim or either obtain one from the attorney. Your post really makes no sense as to who did what. I am assuming that Grandma quit claimed the property to your Mom as remainderman reserving a life estate. If this is the case, the property goes into your Mohter's estate but your Grandmother still has the right to live in the house or rent it out if she so choses.

**valleygirl24** · 09-25-2008, 12:18 PM

I appreciate your answering my question

and your reply is correct....

I have original Quit Claim Deed, as I have been helping both G'ma and Mom (before she died) with day to day living i.e. shopping, pay their bills, taking both to doctor's appts., arranging for caregivers etc. I've been finding information out (including original Quit Claim Deed) piece by piece as Mom had had a stroke, diabetes and dementia. G'ma is 92 and in failing health. Neither was really able to provide me with any details about much of anything. I had my hands full.
Old attorney was attorney for both of them (maybe for 15 years or more) as they did everything together including consult (old) attorney. He filed Quit Claim Deed in 1996, that G'ma signed, giving house to Mom upon G'mas death. Deed says she has a Life Estate in her house and can live there until she dies. I even questioned old attorney about Deed and he told me not to worry about it, it'll be part of G'mas estate (?). New attorney (and now my attorney of record) says house is part of Mom's Estate and should be included in Probate (makes sense) He has copy of Deed now. Old attorney seems shady, fishy or clueless.