warranty gift deed

[wha56]

I recently had a lawyer record a warranty gift deed to my wife of 3 years. It is a life estate. It was recorded at the court house. My question is how can she deed the house back to me? We are thinking I should of left it in my name and just use my will to leave it to her. She is applying for her citizenship as she is a Mexican national. Do I need to go back through a lawyer and have it reversed and recorded or what. I paid $400 to have it done through a lawyer. Will a current will overturn the deed. Any information you can give me will be greatly appreciated.

 

[army judge]

I recently had a lawyer record a warranty gift deed to my wife of 3 years. It is a life estate. It was recorded at the court house. My question is how can she deed the house back to me? We are thinking I should of left it in my name and just use my will to leave it to her. She is applying for her citizenship as she is a Mexican national. Do I need to go back through a lawyer and have it reversed and recorded or what. I paid $400 to have it done through a lawyer. Will a current will overturn the deed. Any information you can give me will be greatly appreciated.

A life estate doesn't afford her ownership.
It simply allows her to use and possess the property during her life time.


Usually the home would pass to another person, who could also have a life estate, or it could go to a trust (in alleged perpetuity), or it could transfer ownership to a child, a sibling, a religious organization, etc...

If you have already GIFTED her they life estate, prior to your death, she can use and control the property until she dies (without exception or further qualification).
A proper life estate provides for what will be done upon with the TITLE to the property upon her death.
If this was crafted properly, the TITLE and FULL USE and OWNERSHIP would revert to you, assuming you are still alive, or to another person, or entity.

I think you should first determine what it is you wish to do with your property.
However, that might be too late, if she does have the life estate.
Most life estates are commence upon the death of the current owner, in this case, YOU (good sir).

I suggest you meet with a couple new real estate or property attorneys in your area.
Ask them about options, such as a life estate, a trust, etc..

If the life estate was done properly, she can convey FULL, EXCLUSIVE TITLE and ownership back to you.
If you have a will, that will then determine what will happen t the property upon your demise.

In Texas, she would likely inherit the property without a will anyway.
She doesn't own it, per se, because you seem to have owned it prior to the marriage.
However, upon your death, it would probably pass to her.
There area few exceptions, that's why you and her need to address this with an attorney of your choosing.
One size doesn't fit all, as we all have differences.

If she is in the US ILLEGALLY, that adds further nuances that could inhibit her receiving what you wish to do.

You might want to look into a trust, or just gift her ownership as "joint tenants".

See an attorney, investigate your options.
What you have done isn't likely the best solution, depending upon what you wanted to accomplish.

 

[disagreeable]

If you used the property as substantiation for her affidavit of support, then gave it to her, you have a problem also. You need to be clear on what exactly you did.