Rocky Point, NC asked in Estate Planning for North Carolina

Q: How do I revoke lifetime rights?

My mother took advantage of me and had me sign a paper giving her lifetime rights to my property. Now that I am aware of the situation we have been feuding, and now she is using her lifetime rights as a vehicle to come to my house and harrass me. Is there a way I can take those rights away from her, to stop her from harrassing me?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in North Carolina

A: Nope. Not unless you pursue some kind of legal action to get the deed rescinded. Otherwise, she would have to voluntarily convey her lifetime rights to you, which does not sound like an option here.

I don't understand - why did you create a life estate for your mother on your property? Since she is now the life-time tenant, she would have a right to own or occupy your property and collect rental thereon.

You do not explain how your mother took advantage of you. If you did not know what you were signing and are a mentally competent adult and not under any kind of disability that would have precluded you from understanding what you signed or talking to a lawyer, you may not be able to prevail. However, I don't know all the facts and have not seen any documents. I suggest that you see a local real estate litigation attorney and talk with him/her to see how likely it would be to get the deed rescinded based on fraud.

With regard to harassment, the problem is that if she has lifetime rights then she has a right to be on your property because she now has an ownership interest in it. She does not have a right to harass you and you do not have to let her in if she comes. But she will be able to enforce her rights to be on the property if she is an owner, so its not trespass. This is something you will have to discuss with the lawyer.

Catherine E Bruce agrees with this answer

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