Lifetime estate

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Lifetime estate

My stepfather signed over the deed to his house to my mother, who has been married to him for over 25 years. Now he wants her to sign it back so he can put it in a lifetime estate to leave to his son. Does she have to sign it or does it automatically go back to him?

Asked on August 27, 2019 under Real Estate Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If the house was deeded to your mother without any stipulations or conditions, that it was a gift, free and clear. Accordingly, she is under no legal obligation to return it. The propety is legally hers. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, once something is given to another, it is that person's: the recipient owns it, and the giver has no rights over it. If you stepfather deeded a house to your mother, it is her house now; he has no right to get it back.


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