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  1. #1
    Join Date
    Jun 2014
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    Exclamation Can You Contest a Life Estate Granted by Deed Based on Divorce

    My question involves estate proceedings in the state of: Tennessee

    My father lives in Tennessee with his ex wife and has for years. She stated recently that my father has dementia. According to the deed he has an L/E behind his name.

    I found that it means Life Estate. ? He and this woman were divorced in 1985.

    I am his natural daughter. I am assuming this woman is the remainderman. How do I contest this?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can You Contest a Life Estate Granted by Deed Based on Divorce

    If you can see the deed to identify that your father holds a life estate, you should also be able to see from the deed who is identified as a remainderman.

    Should we infer that the deed was executed during your father's marriage? If so, and it wasn't challenged during the divorce (or was executed as part of the divorce settlement or judgment) odds are it's a done deal. If so, if it was challenged, and the divorce judgment requires that your father's ex- restore the property to him, you can probably get authority to act on your father's behalf to carry out the terms of the judgment -- although it could be tricky given the passage of so much time. I suggest working with a lawyer.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can You Contest a Life Estate Granted by Deed Based on Divorce

    what do you mean how do you contest it? What makes you think you have any right to contest it?


    While he may have dementia now (has it actually been diagnosed by a doctor?), when the deed was written, was he of sound mind?



    and there needs be no assuming who the remainderman is. It should be the same person named as the grantee. So, who is the grantee and, within the deed, does it say anything in reference to a life estate reserved by somebody and a remainder interest to somebody?

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