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When mother dies and daughter is on deed as joint tenant with rights of survivorship does daughter have sole rights to property if will says property divided among heirs?
Wiki User
∙ 15y ago
Yes. If you owned the property with your mother as joint tenants with the right of survivorship then sole ownership passed to you when she died. She could not dispose of her interest by will. IF the property is mentioned in her will the gift would be null and void because the property was not part of her estate.
Wiki User
∙ 15y ago
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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.
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.
Is right of survivorship applicable to mother and daughter in the state of Oregon?
Yes. If they acquire land by a deed as joint tenants with the right of survivorship.
If mom and daughter are joint tenants of a home and mother dies is daughter liable for mother's credit card debt Can creditors attach liens on home even though daughter has right of survivorship?
I'm not an attorney, and you certainly need the help of an attorney. But joint tenants have equal and undivided rights in the property they own. It doesn't seem unreasonable that creditors will want something from the mother's property.
Can property be contested if daughters name IS on property title when mother dies?
You can contest it if you want to, but if the daughter's name is listed as a co-owner of the property, and they owned as joint tenants with the right of survivorship, then it is her sole property when mom dies. There might be a case for undue influence.
How does Right of Survivorship work between a mother and son?
A mother and son can lawfully hold real property in a Joint Tenancy with Right of Survivorship. The surviving tenant gets the fee simple by operation of law, outside of probate.
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?
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 daughter has a power of attorney and if her mother dies should the property be divided among daughters or will it remain in the hands of the single daughter?
Having the power of attorney should only apply while the mother is alive, after that the estate is settled with a will and if there is no will can be contested in a court.
If a mother and daughter are joint tenants with full rights of survivorship to a home in MI and the mother passes away can the city assessors office uncap the property value and raise property taxes?
Probably. In general, assessment of a property has little to do with who owns it, but the taxes owed on the assessment may relate to the status of the owner. The fair market value of a property is the primary basis for assessment. In the daughter's case the home also has a "stepped up basis" related to its fair market value at the time of the mother's death, so quick sale of the property will result in no capital gains. The probate attorney in the mother's estate may have more information on the MI answer to this question.
What happens to the land if the mother sign it over to the daughter but the daughter dies who get the land?
If mother transferred her property to her daughter by deed, the deed was recorded and then her daughter died, the property would pass to the daughter's estate. It would then pass to the daughter's heirs according to her will or to the state laws of intestacy if she had no will.
What is a fee simple deed without jtwrs?
mother and daughter has property simple fee no jtwrs mother dies can property be sold
