Legal Question in Real Estate Law in California

we recently sold our house it was a life estate for my autistic uncle.the escrow company

.had him sign off on it.is this legal?my mom is his guardian he can't sign anything


Asked on 5/20/14, 12:50 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If I understand your scenario, you and your family decided that your uncle with autism will lose the life estate in the house, and will be kicked out onto the street without a place to live? It sounds like someone made an unwise decision.

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Answered on 5/24/14, 5:22 pm
Anthony Roach Law Office of Anthony A. Roach

It sounds like a crooked escrow company to me. While a life tenant can sell their interest, their interest is only a life estate, and the person they sold it to would only own the life estate portion during the life of the original life tenant. If your uncle dies tomorrow, the property reverts back to the grantor, or his heirs, or whoever was specified for the remainder.

The fact that your uncle is autistic and has a guardian raises issues of elder abuse if he is not legally capable of consenting to such a transfer.

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Answered on 5/28/14, 2:23 pm


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