Posted on: 14th May, 2011 02:59 pm
property had been signed over by my father by means of a deed, this indenture, placing my mother and i as joint tenants with the right of survivorship, and not as tenants in common on 6/2/86. a quit claim deed was signed by my father on 2/22/2005 while my father was in a nursing home unbeknowest to me. he was unable to eat himself or capable of self care, and uncommunicative basically. he passed away on 4/28/2005. yet on 3/7/2005, out of good faith i gave my younger sister approximately an acre, both my mother and i signed the deed, i did not notice a paragraph or it may not have been there, noting by quit claim deed on 2/22/05. on 8/4/2005 by deed which noted my mother by executing and having this deed recorded, intends to sever the joint tenancy with me, such that her other two daughters herein, each owns an undivided one-fourth interest as tenants in common with each other and as tenants in common with me who would own an undivided one-half interest. i have a master meeting scheduled, i want to know if this was legal. i don't feel the lawyers are helping me, they just want to settle it by this meeting and my selling to sisters the property. it makes me feel the lawyers want to avoid the law.
Hi Gloria,
You and your mother were the joint tenants with right of survivorship. In such a situation, after your mother's death, you could have claimed the sole property. However, your mother can transfer her share of the property to some one else. But she cannot transfer your share or cut off the joint tenancy.
Thanks
You and your mother were the joint tenants with right of survivorship. In such a situation, after your mother's death, you could have claimed the sole property. However, your mother can transfer her share of the property to some one else. But she cannot transfer your share or cut off the joint tenancy.
Thanks