When your mother-in-law passes away, her life estate interest will terminate according to the terms of the life estate. You may have to vacate the property depending on the specific terms of the life estate arrangement and any agreements made with the estate's beneficiaries. It is recommended to review the legal documentation and consult with an attorney for guidance on your rights to stay on the property.
Yes, joint tenancy and right of survivorship are closely related concepts. Joint tenancy refers to multiple owners holding equal shares of a property with a right of survivorship, meaning that when one owner passes away, their share automatically transfers to the surviving owner(s).
The rights a widow has to her mother-in-law's estate depend on the laws of the specific jurisdiction. Generally, a widow may be entitled to a share of the estate if her spouse did not leave a will or if the will provides for her. It is recommended for the widow to consult with a probate attorney to understand her rights and options.
Life estate.
No, you do not need to live in the house to have a lifetime estate, but you typically retain the right to live in the house if you choose to do so. A lifetime estate grants you the right to use and enjoy the property during your lifetime.
Inheritance laws vary by jurisdiction, but generally speaking, unless specified otherwise in a will or trust, an inheritance received by one spouse is considered separate property and not automatically shared by the other spouse. It's important to consult with a legal professional to understand how inheritance laws apply to your specific situation.
The servient estate is the land subject to the right of way, or, the land over which the ROW passes. The dominant estate is the land that is benefitted by the right of way.
As a beneficiary of the will, you may not have the legal right to see the will before your mother dies unless your mother or the executor chooses to share it with you. After your mother passes away, the executor is legally required to provide the beneficiaries with a copy of the will during the probate process. If you have concerns about the process or your rights, it may be helpful to consult with a legal professional specializing in estate matters.
The answer is no. Property owned with another person as joint tenants with the right of survivorship passes automatically to the co-owner when you die. You cannot bequeath your interest in that property in your will. It does not become part of your estate.
If mother and son own real property as joint tenants with the right of survivorship when mother dies the son will become the sole owner and the property will not become a part of the mother's estate.
Signing a mortgage does not give you an interest in the real estate. An interest in real estate is acquired by deed. Hopefully you are also on the deed to the property as the joint owner with the right of survivorship. That would make you the sole owner of the property upon your mother's death. However, if you are not on the deed and you signed the mortgage then your mother's death would make you solely responsible to the lender for paying the mortgage and you would need to probate her estate so that title to the real estate would pass to her heirs. If there are other siblings they would inherit an equal interest in the property and perhaps you could make a claim against the estate for your mother's half of the mortgage balance. You should speak with an attorney.
Yes, joint tenancy and right of survivorship are closely related concepts. Joint tenancy refers to multiple owners holding equal shares of a property with a right of survivorship, meaning that when one owner passes away, their share automatically transfers to the surviving owner(s).
No. Ownership of joint property passes automatically to the surviving joint tenant and does not become part of a decedent's estate.
No. In the absence of a will, the estate passes to the heirs at law under the state laws of intestacy and all siblings have an equal claim on the estate. So, your sisters should share equally with you. If they don't, you can sue them. You can check the laws of intestacy for your state at the related question link. You should consult with an attorney who could review your situation and explain your rights and options.
Your mother's estate must be probated in order for title to the real estate to pass to the heirs. In New Jersey a spouse cannot be disinherited. Your mother's husband may be entitled to a one-third portion of her estate even if she left the real estate to you in her will. You need to discuss the situation with an attorney who specializes in probate law and who can explain your options.
Your mother-in-law doesn't own the land she only owns the right to the use and possession of the land during her life. Your sister-in-law may execute a deed and sell the land to you. However, you would acquire the land subject to the life estate owned by your mother-in-law. Upon the death of your mother-in-law you would be the absolute owners of the land.
Typically, the right to inherit or take under a Will lapses when the person passes away. So, no, the IRS would not have a right to collect from the father's assets which pass to the mother's son.
There is not much you can do. There is no right to see someone else's will before they die. There is no right to see a trust. You can consult a probate attorney in your area, but until your mother passes away, you have no right to the will.