0
Right of survivorship my father died without a will I am a only child and want his property but my grandmother and aunt say no and are selling what he had?
Wiki User
∙ 13y ago
Generally, if your father was not survived by a spouse, you are his only heir. His estate must be probated and all his property will descend to you if he had no will. Property passes according to state laws. You can check the laws in your state at the related question link provided below.
You should contact an attorney ASAP who can review your situation and explain your rights and options.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
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.
Does the right of survivorship apply with out a will?
No, the right of survivorship typically applies to property held in joint tenancy or tenancy by the entirety, and it allows the interest of a deceased co-owner to automatically pass to the surviving co-owner(s). Without a will, the deceased co-owner's interest would generally be subject to the laws of intestate succession, which determine how the property will be distributed among the heirs.
Can your husband do estate planning without your signature?
Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.
What happens when a person dies without a will and the deed is a survivorship deed?
Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.
Can estate be settled if property hasn't sold?
It is possible to settle an estate without selling property. As long as the distribution is approved by the court, the property can be transferred to the beneficiaries.
If a property is owned by the daughter and the deceased mother is that considered the deceased estate?
The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.
What happens when brother and sister buy a house and brother dies without leaving a will or survivorship deed Does his son have any claim to house or does sister own all This is in Ohio?
The way the property is titled determines who takes ownership. If the property is titled as Joint Tenants or Joint Tenants With Right of Survivorship, the surviving person(s) named on the deed receive the entire property and it is not subject to probate distribution. If the property is titled as Tenants-In-Common, it is subject to probate distribution as required under the laws of the state in which the property is located.
If a house is bought by two people father and daughter and stipulates that the daughter has the right to survivorship can the father sell the house without her knowledge?
Not if the title has been worded and filed in the county land recorder's office where the property is located. The wording would be "John_____ and Mary____ as Joint Tenants With Rights Of Survivorship".
Can a Co-Independent Executor act on legal documents without the other Executor?
Yes, except when selling real property. In selling real property all co- independent executors must execute the document.
Could I deed a property to my son without my husband's consent We are joint tenants with survivorship?
Yes. If you own as joint tenants you can convey your interest to your son. He would then own the property as tenants in common with your husband. If you live in a community property state the answer may be different. You should consult with an attorney.
Can you be sued for selling property without life estate?
Not unless they sold it without informing the buyer of the life estate. That could be fraud and they could be sued.
Can a spouse give a gift from Community property without telling the other spouse in Arizona?
As to real property the answer is no. Both parties who hold title as community property must act to convey or hypothecat the property, the only exception is that if the property was not expressly accepted by the couple with "the right of survivorship" (which is optional) upon acquisition, then either party may will their interest in the land to a third party upon their death.
