Father created a life estate in 2001, died in 2003. In New Jersey, Father retained a life estate in recorded deed transfer. At the same time Stepmother signed the deed and retained a life estate also. However step mother was never on the original deed. She is in nursing home and property is in bad shape. Since she was not on the original deed, then how could she retain a life estate ?
I'm sorry - but its really difficult to answer this question without looking at the deeds. It could have been that when your father deeded the property, he gave her a life estate when he gave himself a life estate. You would need to examine the chain of title, and determine what she is entitled to, and how to extinguish the life estate, if possible.
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