Posted on: 21st Oct, 2009 02:49 pm
My wife co-signed a note with her grandmother 12 years ago, enabling her grandmother to regain possession of her home from her daughter and son-n-law.
The deed is in both my wife's and her grandmother's name with rights of survivorship. Her grandmother had to be placed in a nursing facility 4 months ago, she is 94 years old.
Can my wife's mother or aunt, her grandmother's two living children, challenge the deed after her grandmother passes away ? The home needs extensive work done on it, approximately $15,000.00 with the house valued at $25,000.00, which is the reason for my question.
The deed is in both my wife's and her grandmother's name with rights of survivorship. Her grandmother had to be placed in a nursing facility 4 months ago, she is 94 years old.
Can my wife's mother or aunt, her grandmother's two living children, challenge the deed after her grandmother passes away ? The home needs extensive work done on it, approximately $15,000.00 with the house valued at $25,000.00, which is the reason for my question.
This is really a question for a solicitor, but from the information you've given it seems like your wife should be ok
Hi Don H!
Welcome to forums!
Your wife's mother or aunt cannot challenge the deed when the grandmother passes away. The deed must have been recorded at a county recorder's office. Your wife would be the sole owner of the property when the grandmother passes away.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Your wife's mother or aunt cannot challenge the deed when the grandmother passes away. The deed must have been recorded at a county recorder's office. Your wife would be the sole owner of the property when the grandmother passes away.
Feel free to ask if you've further queries.
Sussane
after my dad passed away mom married dad's brother inlaw my ant passed away befor dad.mom passed away 3 yr' ago and my uncle stayed in mom & dad house. he said he had survivor right . he has a house in mo'. mom left her house to me & my sister . the deed is in our name.is he right & can he keep me & my sister out of the house & off the land
Hi SteveDNewman!
Welcome to forums!
If the property deed is solely in your name and your sister's name, then your uncle does not have the rights to stay in your property. You should contact a real estate attorney and check out what actions you can take in this regard.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If the property deed is solely in your name and your sister's name, then your uncle does not have the rights to stay in your property. You should contact a real estate attorney and check out what actions you can take in this regard.
Feel free to ask if you've further queries.
Sussane
My sister bought the family home from my brother. She had the property put in her, her husband and sons name with survivor rights. There was a verbal agreement that my parents and my brother would have the home to live in for as long as they lived. My parents are now passed on, as is my sister who bought the house. The house now belongs to my brother in law and nephew. My brother is still living.
Now my nephew is wanting to sell the property. My brother in law has said he will do what ever the son wants. Does my brother have any recourse ? Does he have to leave even with the verbal agreement made?
Now my nephew is wanting to sell the property. My brother in law has said he will do what ever the son wants. Does my brother have any recourse ? Does he have to leave even with the verbal agreement made?
Hi Janice!
Welcome to the forums!
Your brother does not have any claims to the property as his name is not mentioned on the mortgage deed. Moreover, the verbal agreement will hold no value. So, the nephew can sell off the property without your brother's permission.
Feel free to ask if you've further queries.
Sussane
Welcome to the forums!
Your brother does not have any claims to the property as his name is not mentioned on the mortgage deed. Moreover, the verbal agreement will hold no value. So, the nephew can sell off the property without your brother's permission.
Feel free to ask if you've further queries.
Sussane
According to the information you've provided, it seems that your wife's mom as well as aunty may not be able to claim on the property. However, it's better that you consult a mortgage lawyer to tackle the situation.