Transferring property from mother to son can have legal and tax implications. It may involve the payment of gift or inheritance taxes, and could impact both parties' financial situations. It is important to consult with legal and financial professionals to understand the implications and make informed decisions.
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 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.
If the mother's will was probated and the son died AFTER his mother then the property is in the son's estate. His estate would need to be probated. The property would pass to his heirs under the terms of his will or according to the state laws of intestacy. Generally, a surviving spouse is entitled to a portion, if not all, of her husband's estate. You can check your state laws at the related question link below. If the son died before his mother, the property would pass according to his mother's will or the state laws of intestacy as his mother's intestate property.
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.
Generally, if your mother conveyed her real property to her son before she died and she was legally capable of doing so then the property belongs to him. The other siblings would have no right in or to the property.
As long as the documents don't restrict his powers. He can do anything she can, including transferring stocks.
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.
yes
If mother conveyed property to her son by a valid deed then he is the new owner. She cannot nullify a deed once she has signed it and it has been recorded in the land records.If son granted mother a mortgage in the property and she reserved the right to foreclose in that mortgage document she can take the property back by foreclosure if he defaults on the mortgage.
In most cultures and societies, marriages between a son and his mother are considered incestuous and are not legally or morally acceptable. Such relationships are widely condemned and prohibited due to genetic and social implications.
If the property was owned by mother and son as joint tenants with the right of survivorship the mother's interest passed to her son when she died. He is now the sole owner. He should record a copy of her death certificate in the land records to clear the title. Names are not "removed" from deeds. The tenancy recited on their deed and the recording of the death certificate will notify the world the son is now the sole owner. If they owned the property as tenants in common then mother's estate must be probated in order for her interest to pass to her heirs. Under Virginia law, if mother died intestate with no surviving spouse her children would inherit her property in equal shares. If the son is her only child he would inherit her half interest in the property. However, in order for title to real estate to pass to heirs the estate must be probated.
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.