Posted on: 17th Apr, 2010 03:30 am
Hello-my grandmother has a life estate with a warranty deed that distributes property to three of her kids; one being my mother. The deed list each child with joint tenancy with full surviorship. Each childs name is recorded on the deed at the tax collectors office with my grandmother's name with L/E behind it and then the child's name with REM before it. My mother recently passed away. Will her interest in this land go to her estate? Will it go through probate? is there a way to put this land in my name and sister's name. My grandmother is still living and my mom had a will, which defines how the property shold be distributed. Can my grandmother change this life estate? I am going to consult an attorney but trying to undersand how this works.
In a Joint Tenancy with ROS, when one joint tenant dies, the survivors get the deceased's interest. Therefore, the other children who are joint tenants will get your mom's share.
Even if each kid has a separate deed, which is their portion, with my grandmother's name on it and their name alone, for each kid with L/E and REM at the tax assessors, the land would still go to the other kids? The deeds at the tax assessors office are separate not together.
Welcome back kjord,
If the property is owned as a joint tenancy with rights to survivorship, then all the survivors will become the owner of the property.
If the property is owned as a joint tenancy with rights to survivorship, then all the survivors will become the owner of the property.