Q: Can I legally sell real property that was deeded to me as "Deed Reserving Life Estate to Grantor"?
My father deeded the property to me in 2004, he passed away in 2008. A relative wants to buy it from me. The description in the deed includes "the parcel of land, with all privileges and appurtenances thereto belonging, unto her the said party of the second part, her heirs and assigns in fee simple forever." I am the party of the second part.
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A: It sounds like the Life Tenant's Estate has terminated. A recorded Affidavit of Heirship would help establish your Title, but it must be recited in the Derivation of Title Clause. Hire a competent NC attorney to draft the Deed, etc.
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