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.
Yes. If they acquire land by a deed as joint tenants with the right of survivorship.
Review your deed and look for any survivorship language after your name in the granting clause. It can be stated:as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entirety
You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.
Yes. While both tenants are living the interest of either is vulnerable to their respective creditors.
joint tenants with the right of survivorship
No, tenants in common do not have the right of survivorship. Each tenant in common can pass on their share of the property to their heirs or beneficiaries upon their death.
It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.
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?
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".
A right of survivorship must be set forth in the deed by which you acquired your property. If the deed doesn't state you received the property as "joint tenants", or as "joint tenants with the right of survivorship" which is required in some jurisdictions, then you own as tenants in common and have no survivorship rights. If you review your deed and the answer isn't clear you should consult with the attorney who represented you at your closing who can draft a confirmatory deed with survivorship rights if necessary.
No, Mississippi is not a tenants by the entirety state. In Mississippi, property ownership between spouses is typically held as joint tenants with right of survivorship or as tenants in common. Tenancy by the entirety is recognized in some states but is not applicable in Mississippi. This means that each spouse has an equal and undivided interest in the property, but it does not provide the same protections against creditors as tenancy by the entirety.
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.