Re: [real-property-forum] Deed language interpretation

[VINCEN...@aol.com]

You ask below:"What does the language in the deed and related transfer documents accomplish?"

 

Answer: A LAWSUIT...................

 

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 In a message dated 05/01/2008 6:48:13 P.M. Eastern Daylight Time, dplum...@aol.com writes:

Dear Listmates:

A client has a deed that was prepared by an attorney in upstate Deleware County, New York.  The language in the deed transfers from the party of the first part (client's father) to client and his father as "joint tenants with rights of survivorship."  Later in the body of the deed, after the "see schedule A attached, being and intended to be language", the deed further states as follows, "Grantor reserves to himself the personal, non-assignable right to reside rent-free at the premises for and during his natural life, paying only taxes, insurance, utilities and maintenance expenses." 

Additionally, on the TP 584 in the box checked r "other" it states "retained life estate add son to deed for survivorship purposes only"

Finally, on the equalization additional language states, "add son to deed for survivorship purposes Father retained full life rights/ Star program."

What does the language in the deed and related transfer documents accomplish?  What is the nature of my client's ownership interest?  Is this another way to accomplish a life estate with remainder interest but have that remainder interest subject to  surviving the grantor?

Thank you for all of your advice.

Debra Plumer
Attorney at Law

 

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