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Can a survivorship deed be reversed or cancel by land owner still living on property?
Wiki User
∙ 16y ago
Deeds cannot be canceled. The grantee must convey their interest by a deed.
Wiki User
∙ 16y ago
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What if property is listed as joint tenants with rights of survivorship and there are other living children?
If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.
Can your parent's home be sold if they have a survivorship deed and both are still living?
No, the property cannot be sold without the consent of both parents on the survivorship deed. The survivorship deed means that the property automatically passes to the surviving parent upon the other's death, but both parents must agree to any sale during their lifetimes.
In Oregon should a woman and man living together change deeds from tenants in entirety to tenants in common?
Tenants by the entirety is a tenancy reserved for people who are married. If two people who are not married acquire property as tenants by the entirety the tenancy would fail. If two unmarried people want to create a survivorship in each other they should hold the property as joint tenants with the right of survivorship. That way, if one died the other would automatically own the property.
When there is a surviorship deed can one party gift deed their share to someone else?
An owner in a joint tenancy can transfer their interest by a deed, recorded in the land records, while they are living. That deed will break the survivorship tenancy.A person who owns as a tenant by the entirety cannot sever the survivorship rights of the other tenant by the entirety.An owner in a joint tenancy can transfer their interest by a deed, recorded in the land records, while they are living. That deed will break the survivorship tenancy.A person who owns as a tenant by the entirety cannot sever the survivorship rights of the other tenant by the entirety.An owner in a joint tenancy can transfer their interest by a deed, recorded in the land records, while they are living. That deed will break the survivorship tenancy.A person who owns as a tenant by the entirety cannot sever the survivorship rights of the other tenant by the entirety.An owner in a joint tenancy can transfer their interest by a deed, recorded in the land records, while they are living. That deed will break the survivorship tenancy.A person who owns as a tenant by the entirety cannot sever the survivorship rights of the other tenant by the entirety.
Life estate Mothers real property lives there has 2 children deeded half ea. Who has to pay the property taxes while mother is alive and living in the house Could she have reversed the Life Estate?
who evers name is on the deed is legally responsible
What happens upon death of spouse that is named on the deed of property?
IndiaThe spouse is the legal inheritor along with the children but after clearing all liabilities if any exist.United StatesGenerally, married couples hold property as tenants by the entirety or as joint tenants with the right of survivorship if a professional drafted their deed. That means that when one dies their interest passes automatically to the survivor with no need of probate.If for some reason the property was held as tenants in common, the decedent's half would pass according to the terms of their will or pass to their heirs-at-law under the state laws of intestacy. In that case their estate would need to be probated. You can check your state laws at the related question link provided below.
Your brother inlaw died he had his name on the deed with his aunt and mother the mother is still living does the brothers wife get his share of the property?
It depends. The three owners of the property are listed on the deed either as "cotenants" or "cotenants with right of survivorship." If they are listed simply as "cotenants," then it may be that the wife gets his share (but it actually depends on the laws where you live). If they are listed as "cotenants with right of survivorship," then the wife does not get his share (though, again, it actually depends on the laws where you live). She should consult a lawyer to find out what the situation is, but she should do it in such a way as not to antagonize the mother and aunt.
Can survivorship be challenged?
What if your husband is one of the joint tenants. This was set up while we were married. Now after 30 years of living at the property, the husband kicks the wife out and dissolves the marriage. Does the wife have any rights to that portion of the share of the property that is her husbands. Can she sue for partitian of the property or if after all that time it becomes tenants in common. She has paid 1/2 the taxes on the property for 30 years, paid for half legal fees to make it sellable and half of the maintence and improvements.
What is considered estate?
An estate includes everything that a living person owns - from physical possessions to financial accounts. Everything from clothes, jewelry, art, vehicles, antiques, homes, land, cash, checking and savings accounts, retirement accounts, life insurance, stocks, bonds, and more is considered part of a person's estate.In another sense an estate is all the property a person owns at the time of their death. It would not include any property owned as joint owner with the right of survivorship with another. This differs from the living estate which would includejointly owned property.
Doctrine of Survivorship under Hindu Law?
According to the principles of Hindu Law, there is coparcenership between the different members of a united family and survivorship following upon it. But this right of survivorship is lost if the marriage of the coparcener is solemnized under the Special Marriage Act of 1872. There is community of interest and unity of possession between all the members and upon death of any one of them, the others take by survivorship that in which they had during the deceased's lifetime a common possession. [Katama Nachiar v Raja of Shivaganga (1863) 9 MIA 539, 611; Subramanya Pandian v. Sivasubramania Pillai (1894) 17 Mad 316, 328] The right of survivorship rests upon the text of Narada and is recognised in the Mitakshara. [Subramanya Pandian v. Sivasubramania Pillai (1894) 17 Mad 316, 330. The Arthasastra of Kautilya clearly lays down the rule of survivorship. "If a man has no male issue, his own brothers or person who have been living with him shall take possession of his property; and in their absence, his daughters shall have his property". Narada says: "If among several brothers, one childless should die or become a religious ascetic, the other shall divide his property, excepting the stridhana". In other words, survivorship consists in the exclusion of the widows and other heirs of the coparcener from succeeding to his undivided interest in the coparcenary property. Even a disqualified person is a member of the coparcenary and even though he has no rights at a family partition, he is entitled, when he becomes the last surviving male member of the joint family, to take and enjoy the whole estate by survivorship. [Muthuswami Gurukkal v. Meenammal (1919) 43 Mad. 664.] The rule of survivorship is precluded when there is attachment of the undivided share of coparcenary for his personal debt and is sold in execution even if the coparcener dies subsequently when the attachment subsists on the date of death. [Bharamappa v. Rudrappa AIR 1955 MYs. 13 : ILR (1954) Mys 361]
If you are a joint tenant with right to survivorship can the IRS come after your joint asset?
Yes. While both tenants are living the interest of either is vulnerable to their respective creditors.
What rights do you have to your deceased grandma's property?
If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.
