First, there was a beneficiary deed on a house. Next, there was a reconveyance.

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Mother is in her 90s and has changed her beneficiary deed on her house numerous times in the past six years. She took out a loan against the house, but it ended up being a reconveyance, which she doesn't understand. Now, she wants to change her beneficiary deed one more time. According to the recorded reconveyance, Chase bank has title for this small loan that she can draw out as needed. I have told her I wasn't certain if she can now write a new beneficiary deed and that perhaps, she has to pay her small note off first and get the house back fully restored in her name before she messes with the beneficiaries once again. The question is, if she rescinds the current beneficiary deed and records a new deed, will that be valid since Chase bank has structured this reconveyance so tightly?

Attorney Answer

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Jonathan Dessaules ·
Generally, a beneficiary deed does not affect ownership or title because it is only effective upon death. The question is confusing, however, since you say “Chase bank has title.” If Chase has title, then she no longer owns the house. So the answer depends on the terms of the agreement with Chase.
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