Puss asked:
One of the children has since died and, she now believes this third share will automatically go to dead child’s family; is this correct? She wants to make sure the house goes to her two surving children. Has anyone heard of a deed of gift being revoked or canceled, and how can this be done?
One of the children has since died and, she now believes this third share will automatically go to dead child’s family; is this correct? She wants to make sure the house goes to her two surving children. Has anyone heard of a deed of gift being revoked or canceled, and how can this be done?
Sorry, but I think this is extremely unfair. Why should the children of the deceased NOT inherit a part of the house? After all, if the mother dies before her two remaining children, they will be free to leave it to their children! Leave things as they are, only fair.
Yes, this is correct. The children will receive their share of the house.
Your friend cannot revoke the gift. As far as I know there is no way that your friend can revoke this gift.
Good luck.
If the house was deeded to the three children, it’s usually worded with full rights of survivorship, which means that the two remaining children have the ownership of the house. They should take a copy of the their deceased siblings death certificate and have it recorded with a new deed showing the two surviving siblings as owners.
Provided the deed has been stamped, signed and sealed, it could not be revoked but it can be amended, more so, as one of the children is dead!
The idea of your friend is for her 3 children to inherit her property and share the proceeds equally.
The house in question is a gift. Your elderly friend is at liberty to decide whether to share a dead child’s family (the mother) or otherwise.
She needs to consult an estate attorney instead of trying to do it yourself. The laws of each state can vary.
I think it’s a great idea.