In the event of a Death???

Question

A few years back my parents deeded their house to me. Shortly after, I created a “Deed of Conveyance” stating that I the Grantor give my mother the grantee “Life Estate” with the remainder to the Grantor/Me. Now, here’s the issue. My Mother is terminally ill and may die very soon. I have no clue of the process that needs to be taken upon my mother’s death in order to seize the house. I have disgruntled family members who will do anything possible to see that I don’t get the house. I would assume that there’s nothing they can do because it is clearly stated in the deed of conveyance that the remainder/house fall back to me. So, can anyone help me with the steps that need to be taken upon my mother’s death? Also, my mother is no longer living in the house and I fear that the house is being neglected and I was wondering if I have any rights to enter the premises to ensure upkeep.

Note: I did not myself create the "Deed of Conveyance". It was drawn up by a family Lawyer. It is an official document filed at the court house.

Lastly, all my mothers’ possessions are in the house and I know that if I don’t change the locks as soon as I can seize the property that my family will enter and take/destroy anything they can and say that that’s the state of the house when I received it. Please point me in the right direction.

Answer 1

If the Life estate deed was recorded you don't have to do anything on your mother's death; the property is automatically yours. You should record a copy of her death certificate in the public records so the tax collector will send you the tax bills & a title examiner will not have to go hunt for it in the event of a sale. A life estate remainderman (that's what you are) generally has the right to enter the property to preserve & protect the improvements if the life estate holder cannot.

** Note: The above is not legal advice, but a discussion of the legal issues presented by your question. Local laws or your particular situation may vary the general rules. For a definitive answer to your question you should consult local legal counsel.**

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Answer 2

Don't wait until your mother dies, and don't attempt to assuage disgruntled family members. Go directly to the attorney who prepared and filed the original Deed of Conveyance. Legal matters can only be addressed by those knowledgeable of Federal, State, and local statutes.

Assuming you are the legal heir to the house, and your mother, nor anyone else, is no longer living there, it is your responsibility to ensure the property is not neglected.