Posted on: 02nd Jan, 2009 02:36 pm
My mother in law was in joint tenancy with her boyfriend Brad. He has just suddly passed away. He Willed his 1/2 of the house to his 5 children. Does that will over ride a joint tenancy agreement? Does my mother in law have any legal obligation to give 1/2 the value of the house to his family when she sells. We are having a bit of trouble with this because shortly before Brad died, my husband sat with his mother and Brad and they both stated the other one could live in the house as long as need be when one passed away. Then when the house was sold, their heirs would get 1/2 the value of the house. I don't feel like this joint tenancy is being fair to Brads family. My mother in law doesn't seem to care.
Hi theresabruce,
If your mother in law and her boyfriend had a joint tenancy with right to survivorship, then after her boyfriend's death, your mother in law will own the property. If the ownership is tenancy in common, then after the boyfriend's death, the property will be divided by among the heirs of the boyfriend according to his will.
In your mother in law's case, as it is a joint tenancy with right to survivorship, she will be the owner of the property after the boyfriend's death.
Thanks
If your mother in law and her boyfriend had a joint tenancy with right to survivorship, then after her boyfriend's death, your mother in law will own the property. If the ownership is tenancy in common, then after the boyfriend's death, the property will be divided by among the heirs of the boyfriend according to his will.
In your mother in law's case, as it is a joint tenancy with right to survivorship, she will be the owner of the property after the boyfriend's death.
Thanks