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Mother and son tenants in common mother does not live in house or pay for expenses now she says the house is hers?
Wiki User
∙ 14y ago
If mother and son are indeed tenants in common then each has the right to the use and possession of the whole property. Son cannot mortgage or sell the property without the consent of mother. Mother cannot mortgage or sell the property without consent of son. Both are equal owners.
Wiki User
∙ 14y ago
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What does Tenants-in-Common mean when it is under your brother's name on the papers to a home your mother owns?
The designation Tenants-In-Common (or Tenancy-in-Common) on a title or deed indicates the legal owners of the property. Tenants-in-common also means that on the death of your mother, the estate will own half of the house and your brother the other half. He will either have to buy the other half, or the house will be sold and any profits split between the estate and your brother. If your brother is living with your mother, or paying mortgage/taxes/maintenance/down payment, this is common to protect his investment in the property.
If real property is in Mothers and Son's names and mother dies do you need to go through probate if there is no will?
If mother and son owned the property as joint tenants with the right of survivorship there is no need for probate because son automatically became the sole owner when mother died. If they owned as tenants in common the mother's interest became part of her estate and it would need to be probated.
If a mother wants to sell her home with no existing mortgage to her son who will need her as a co-signor to secure a new mortgage will capital gains still be applicable?
You can't sell a home to yourself. If the son needs the mother as a co-signer she will need to remain on the title of the home. Therefore the ownership will go from mother to mother-and-son as tenants in common or joint tenants. Therefore an interest was added to the home (the son) but the mother is still an owner (just now 50% owner).
Mother and son own property as joint tenants. Mother conveys to daughter by quit claim deed. Are sister and brother now joint tenants?
No. They are now tenants in common. If one joint tenant conveys their interest to a third party the joint tenancy is severed. If brother and sister wish to own as joint tenants they should convey to a straw and then have the straw convey back to them as joint tenants. They should consult with an attorney who can draft a proper deed for their jurisdiction.
Who is responsible for funeral expenses of their mother?
her children.
Your mother died and you are on the deed together does that mean that the property is not part of her estate?
This situation depends on the tenancy that was recited in the deed. If you were joint tenants with the right of survivorship then full ownership automatically passed to you upon your mother's death and there is no need for probate. However, if you owned as tenants in common, your mother's half interest would pass to her heirs at law and the estate would need to be probated for title to vest in the heirs.
Deeds and ownership is held jointly with mother and son upon death of mother does mother have an 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.
If a mother and son are joint tenants on property and the mother has a will can she leave her half to someone else?
No. Son will automatically own the property when mother dies. Mother cannot devise her share to anyone else. That is the purpose of a joint tenancy.
What is the common noun in you are going to meet your mother?
The common noun is mother.
Your mother was on title to a house with your daughter. Mother signed a quit claim to you. If your mother passes away can the property be tied up in her probate?
According to your question, your mother and your daughter owned property together. That deed should be recorded in the land records. If they owned as joint tenants with the right of survivorship, when your mother dies her interest in the property would pass automatically to your daughter and bypass probate. If your mother signed a quitclaim deed that conveyed her interest to you, that deed must be recorded in the land records. By executing that deed, she broke the joint tenancy she had with your daughter and now you and your daughter own the property as tenants in common. Your mother no longer owns the property and it would not be included in her probate estate.
What does IRS require if mother and daughter are joint tenants of condo and mother dies with a will and condo is sold?
More information is needed to answer your question. Was the Mother still living when the Condo was sold? Who inherited the Mothers share of the Condo upon death? What was the selling price of the Condo? Was it sold to an unrelated person?
What can you do your dad passed suddenly intestate he and his sibling are on the deed of what was their parents house does his share pass to your mother if not what can be done?
The answer depends upon how your Dad and his siblings took title to the property: as tenants in common or as joint tenants with right of survivorship. As joint tenants with right of survivorship, his share would pass to the other siblings named in the deed. If they acquired as tenants in common, then his share would pass to his heirs at law according to the laws of his state. In that case your Mother would need to petition to be appointed administrator of his estate in order for title to pass legally to his heirs, his widow and children.
