My mom has a life estate set up with her house and property. When she dies the house and property automatically go to my wife and I. How do we undo the life estate so that the house and property is all in my mom's name?
1 Answer from Attorneys
Re: Life Estates
First of all, what estate does your mom's life estate flow from? Your dad? So, her life estate ends when she is deceased, and then you take.
You are opening up changes to your father's testementary intent that may have unintended consequences.
Your mother can release her life estate for consideration, if that's what she wants to do. But it will cost your dad's estate money (Is estate willing to pay?)
But if your dad's estate is entailed to you, removing her life estate can interfere with your eventual inheritance.
Is that what you want to do?
Call if you need more help. Powell