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Can I sell your interest in a house titled in 2 names as joint tenants with rights of survivorship?
Wiki User
∙ 15y ago
no!
Wiki User
∙ 15y ago
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If you and your parents are co-owners in a home are they responsible for your credit card debt if you suddenly die?
No. If the property is titled correctly (Joint Tenants With Rights of Survivorship) then it cannot be attached by creditors upon the death of any of the owners.
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.
What does joint tenants unto the survivor of them their heirs and assigns mean?
The statement is misleading. It refers to two different forms of property ownership.A joint tenancy with the right of survivorship creates a tenancy whereby if one owner dies the surviving owner becomes automatically the sole owner of the property without need of probate.When one owner in a in a tenancy in common dies their interest in the property passes to their heirs by their will or by the laws of intestacy if there is no will. Their estate needs to be probated in order for title to pass to their heirs.
What should you do if you have jointly owned property with a brother and he dies?
The first step is to determine ownership under the laws of the state where the property is located. Ownership rights are determined by the way the title to the property is titled. If the property is held as Joint Tenancy or Joint Tenants With Rights To Survivorship (JTWRS) the propert passes directly to the other owner(s) and is not subject to probate action; if it is held as Tenants-In-Common the share of the property belonging to the deceased is determined by and subject to probate procedure.
Can a daughter claim an interest in her parents' property when her mother dies and her father is getting a reverse morage?
That all depends on how the property was titled. If your parents owned the property by a survivorship deed your father is now the sole owner of the property and he can grant a reverse mortgage if he so desires. You would have a claim to some proportionate interest only if they owned the property as tenants in common and your mother didn't leave her share to your father in her will. You would have no interest if the property was marital property and your parents live in a community property state.If you have questions you should consult an attorney in your jurisdiction who can review the situation and explain your rights.That all depends on how the property was titled. If your parents owned the property by a survivorship deed your father is now the sole owner of the property and he can grant a reverse mortgage if he so desires. You would have a claim to some proportionate interest only if they owned the property as tenants in common and your mother didn't leave her share to your father in her will. You would have no interest if the property was marital property and your parents live in a community property state.If you have questions you should consult an attorney in your jurisdiction who can review the situation and explain your rights.That all depends on how the property was titled. If your parents owned the property by a survivorship deed your father is now the sole owner of the property and he can grant a reverse mortgage if he so desires. You would have a claim to some proportionate interest only if they owned the property as tenants in common and your mother didn't leave her share to your father in her will. You would have no interest if the property was marital property and your parents live in a community property state.If you have questions you should consult an attorney in your jurisdiction who can review the situation and explain your rights.That all depends on how the property was titled. If your parents owned the property by a survivorship deed your father is now the sole owner of the property and he can grant a reverse mortgage if he so desires. You would have a claim to some proportionate interest only if they owned the property as tenants in common and your mother didn't leave her share to your father in her will. You would have no interest if the property was marital property and your parents live in a community property state.If you have questions you should consult an attorney in your jurisdiction who can review the situation and explain your rights.
If a brother and sister owed land together and the brother died without leaving a will and they have other siblings would the sister on the deed get the property The brother never married.?
The answer depends on how the land was titled. If sister and brother acquired the land as Joint Tenants With the Right of Survivorship then brother's interest would pass automatically to sister upon his death. If the land was acquired as Tenants in Common then brother's half interest would pass to his parents (assuming he has no children). If his parents are deceased then his half interest would be shared by his siblings, including his co-owner sister.
If both spouses are on the house deed and one dies can the children go after the house?
That depends on how the property was titled. If the spouses owned as joint tenants with the right of survivorship or tenants by the entirety (as most married couples do) then you have no claim whatsoever. In that case, the property automatically passed to the surviving spouse. If it happens the property was owned as tenants in common then you may acquire an interest in your deceased parent's half along with the surviving spouse providing the parent didn't leave the property to their surviving spouse by will. First check the tenancy on their deed.
If a house and car are titled in both names and one spouse dies what does other spouse do to get car and house in her name?
If the real property is titled as joint tenants with the right of survivorship and one owner dies, their interest automatically passes to the survivor. All you need to do is to record a death certificate in the land records to show the other joint tenant is deceased. As for the car, you should call the Department of Motor Vehicles in your state to determine what their policy is when a joint owner dies.
Your dad died and the house your parent lived in the deeds was in him and a relative how can your mom add her name to them?
You need to determine how the property was titled with the other relative. If it was as joint tenants with the right of survivorship then your father's interest in the property automatically passed to the relative when he died. If the property was held as tenants in common then your father's estate must be probated and his half interest passed to his heirs at law according to the laws of intestacy in your state. Your mother should obtain a copy of the current deed and seek the advice of an attorney who could determine who holds title and if the estate must be probated.
Am i entitled to any of my late partners house if my name is on the deeds but he left it in a will to his son?
You said that your name was on the deeds. Your right to his half depends on how the property was titled in those 'deeds'. If you both owned as tenants in common then you own a half interest and the other half would pass to his heirs at law. As a tenant in common he could only devise his own half in his will. His estate would need to be probated in order for his heirs to perfect their title. If you owned the property as joint tenants with the right of survivorship then his interest would automatically pass to you when he died with no need to probate the estate.
What happens when a rental property is owned by two people and one dies?
Generally, their ownership will be treated as a tenancy in common and the interest of each will pass to their heirs-at-law according to the state laws of intestacy or according to their wills. Their estates will need to be probated. You should seek the advice of an attorney in your area who specializes in probate law. You can check to see if your state has adopted the Uniform Simultaneous Death Act.
What happens when 3 people own a home and one dies who will get the property when there is no will in place?
This will depend upon how the property was held. More information is required, such as the relations of the parties: did each of the three people hold a 1/3 interest, or is the property titled between a husband and wife and then a third person? In the event that the three owners were tenants in common (no right of survivorship), then the dead party's interest in the home would pass to their family according to your state's intestacy succession scheme.
