Property Deed Statement

UPDATED: Oct 1, 2022

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Property Deed Statement

My mother is leaving her home to me after she passes away. However, the deed will have my name and my stepfather’s name on it. She wants him to have the ability to live in the home as long as he chooses and pay for property taxes while he resides there. If he chooses to move or leave for any reason or if he passes away she wants the house to become mine. Since both of our names are on the deed, do I need to include a statement with these stipulations? If so, what does it need to include Ultimately, I’m am trying to ensure the home does not go to his kids if he were to die. Also, that he is only able to live there, not rent the house out.

Asked on March 11, 2018 under Estate Planning, New Mexico


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are doing some estate planning and that is great!  But you need help from an attorney in your area.  Generally if one wishes to give someone the ability to stay on in the house for the remainder of their lives the deed will give that persona "life estate" with you as the "remainderman".  As the holder of a life estate he has the obligation to maintain and upkeep the house but he may have other rights under the law in your state.  You wish to limit those rights so putting his name on the deed in any way may not be the way to go.  Please seek help.  Good luck.

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 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.

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