QUESTION
What do I do to keep the land in our family as the deed states?
Asked on Jan 01st, 2014 on Estate Planning - California
More details to this question:
My great grandmother and her husband purchased a large amount of property in California and Oregon. This deed states the property is to have and to hold forever by the grantee and her heirs forever. I also have a copy of that deed and others which state my grandfather is listed on the deed as the only survivor. He has now passed and I have found the letters and deeds stating it can only be gifted to heirs. He had been investigating the legality of the sale of 1/2 this property sold by his mother’s husband. The most recent deed I am currently in possession of shows joint residential of two other people and my grandfather. He always asked me to carry on the family history and estate. I believe this was to remain in our family forever.
5 ANSWERS
A deed can not legally state that it is to be held forever by one family. That would be against the US concept of private property. Moreover, the deed merely describes the owners of a particular piece of property. It can not control future ownership of the property. The property could be conveyed subject to certain restrictions but ownership must vest in some individual by the time of 21 years plus a life in being [Rule Against Perpetuities].
Answered on Jan 07th, 2014 at 1:19 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a probate attorney, as the estate will have to be probated eventually, to transfer the property to the correct heirs and clear title.
Answered on Jan 07th, 2014 at 1:09 PM
It may be possible to regain the ownership of this property. It will take a lot of work and investigation to discover all of the facts. Take what you have to an attorney who can advise you.
Answered on Jan 07th, 2014 at 12:55 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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In general, the law will not support restraints on alienation. People own land, and usually they are free to sell the land. It is possible to put deed restrictions on land, but not "forever." The words "to have and to hold by the grantee forever" and the like are ancient forms which used to be required I'm talking England after Magna Carta. You could have a lawyer investigate particular transactions.
Answered on Jan 07th, 2014 at 12:54 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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I'd need to see the paperwork to be sure, but I expect that the documents do not limit the ability of the owner to sell. "Joint residential" does not mean anything. "Joint tenants" does have meaning. It would mean that after one dies the survivors own. There are way to accomplish what your ancestors may have wanted. Not consulting a lawyer is not a good way to do so.
Answered on Jan 06th, 2014 at 1:21 PM