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  1. #1
    Join Date
    Sep 2009
    Posts
    2

    Question Rights of a Life Estate Owner vs. Remainderman

    My parents gifted a piece of property to my brother and I.
    I hold the Quit Claim deed and my brother holds the life estate.
    My brother intends to put an addition on the house, without my permission.
    Is this legal, and if not, what are my options?

    Also: If my brother signs off on the property, must I file anything further for the property to be in my name only?

    And, if he signs off,who must file his form, the attorney or me?

    Thank you for your time.

  2. #2
    Join Date
    Sep 2005
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    Posts
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    Default Re: Rights of a Life Estate Owner vs. Remainderman

    What do you mean by "I hold the Quit Claim deed" - do you mean that he's the sole life tenant and you have a remainder interest?

    What do you mean by "If my brother signs off on the property" - do you mean if he chooses not to exercise his life estate and to convey the property to you?

  3. #3
    Join Date
    Sep 2009
    Posts
    2

    Default Re: Rights of a Life Estate Owner vs. Remainderman

    Thank you.

    My parents gifted the property to me. (I am borrowing text directly from the deed:"for no consideration and as a gift paid, grant to..[my name and address] with QUITCLAIM COVENANT, [county and address of property])

    In the last paragraph: ALSO EXCEPTING AND RESERVING life estate to our son [his name], which life estate has been created by separate deed of even date herewith to be recorded at the [name of county] Registry of Deeds.

    Since my mother's passing, my father has contacted an attorney and has informed my brother and I he intends for us to sign the property back over to him. Apparently, there are two separate forms drawn up by the atty (who drew up the original document): one for my brother to sign, and one for me to sign. If my brother signs his and I do not sign mine, am I then the sole owner?
    My brother has made no secret of his intentions to demolish part of the property in preparation for an addition. He has also made it clear that I will have to go through him if I care to visit the property. Is it within his legal rights to do either (the addition without my permission, or prevent me from visiting the property? (It is a summer camp in Maine. We are both in Texas. No one lives there full time)

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