South Carolina  |  Wills and Trusts

Legal Question

Asked on: 6/11/13, 2:37 pm

I have owned my home since 1995 when my parents passed away. My father's >> will stated I was to get a home with my inheritance, and my brother was to >> be trustee. The home is not to go in my name alone until I'm 52 yrs old. I >> am 47 now. I got married and my husband talked my brother (trustee) into >> putting his name on the deed. Later we got divorced and my husband (ex) >> tried to take my home but my father's will kept that from happening. My >> ex's lawyer asked the judge if I would set my home as a life estate for my >> children whom my ex has custody of. I didn't have a lawyer , the judge >> explained what a life estate was and I thought it would be good for my >> children to agree. The judge didn't explain the disadvantage's of a life >> estate like now I want to sell my home but can't unless he agrees to go off >> the deed. My divorce was in 2008. I started drawing disability based on >> mental a month after we had been in court and I agreed to life estate. >> Disability went back to 1998 and declared me mentally disabled. I'm >> wondering if I could get this life estate off of my home based on I was >> mentally disabled at the time of my divorce and clearly didn't understand >> exactly what I was agreeing to with life estate. I was incompitent or >> whatever the word you use for not understanding what I agreed to. My >> brother is like I said trustee over my home and he is also my authorized >> payee over my disability. Thank you for your help

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