If a grantee named in an irrevocable deed of gift with lifetime interest dies before the grantor, can the grantee’s name be removed?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption