If a grantee named in an irrevocable deed of gift with lifetime interest dies before the grantor, can the grantee’s name be removed?
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If a grantee named in an irrevocable deed of gift with lifetime interest dies before the grantor, can the grantee’s name be removed?
In this particular case, “and heirs” was not specifically stated in the deed of gift. The heirs of the deceased grantee are at odds over the grantee’s estate, and are not likely to help maintain this deeded estate for the life of the granter. Are there legal grounds to have this deed of gift modified to remove the deceased grantee’s name, if the intention of the granter was not to pass on the estate specifically to the heirs?
Asked on July 25, 2011 Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the grantee of a recorded deed of real property dies after the deed is recorded where the grantor is given a life interest in the property and afterwards, the property goes to the grantee for his or her own use, it seems that there has aleady been a gift of the property to the grantee who died after the deed was presumably recorded.
If this is what happened, the grantor has a life estate in the property and the Estate of the deceased grantee owns the remainder interest in the property after the grantor dies regardless of the grantor's intent on the deed. The property given to the grantee subject to a life estate of the grantor then goes to whomever is designated by the deceased grantee in any Will or Trust. If there is neither, then the Estate of the deceased grantee goes to family members perr State statute in order of lineage typically.
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