Removing deceased sibling from life estate

Dear Ms. Allison: What is the process to buy out a parent’s life estate and remove a dead sibling from the deed? NC in Tulsa

Dear NC:

You may not necessarily remove a deceased sibling’s name from the deed. It depends on the words used to give the deceased sibling his share. Two examples:

  • His share may need to be bought from his estate, or
  • If the document instruction uses the words “per stirpes”, his share may go on to his children, if he had any.

With regard to buying your parents out, it is a purchase like any other purchase of real estate. The value of the life estate likely can be determined with the use of life estate tables. The price will have to appeal to your parents.

To your success, Gale Allison

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