Legal Question in Real Estate Law in Minnesota

Life Estate

In 2000 my mother-in-law filed a quit claim deed conveying her property to her son (my husband)reserving herself a life estate measured by her life. Though I was not mentioned on that quit claim deed, I had to sign her mortgage. My husband then filed a quit claim deed naming he and I as grantors conveying the property to he and I as joint tenants. He passed away after a long illness. There is nothing else filed with the county recorder other than the original deed naming her as owner when she purchased the property, the mortgage, and these 2 quit claim deeds that I mentioned above. Legally where do I stand as owner of the property and am I responsible for the remaining mortage?

Asked on 2/10/09, 10:51 am

1 Answer from Attorneys

Steven Vatndal Law Office of Steven J. Vatndal
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Re: Life Estate

From what you tell me, you have either the full title or remainerman interest (depending on whether or not your mother-in-law is still alive). Whether you are personally responsible for the mortgage depends on whether you signed the mortgage note or just the mortgage. Even if you did not sign the mortgage note, the mortgage may continue to be a lien on the property, if it was signed prior to her quit-claim deed to your husband.

Please e-mail me directly with any further questions:

svatndal@hickorytech.net

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2/10/09, 1:23 pm

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