Posted on: 20th Oct, 2008 09:14 pm
My mother owns half-interest in a small piece of property with a third party who assumed the other half-interest in a legal dispute against my father. I assume the grant deed is held as tenants in common, though the original deed was joint tenancy. The third party died with no will. I have a copy of the death certificate. How can we get her name off of the title?
Hi tanyas!
As far as I know, tenants in common do not have a right of survivorship which means that if one joint owner dies, his/her interest in the property will be a part of his or her estate and will pass by inheritance to heirs of that owner either with the help of a will or by intestate succession. So I don't think you will have a right to her property.
Thanks.
As far as I know, tenants in common do not have a right of survivorship which means that if one joint owner dies, his/her interest in the property will be a part of his or her estate and will pass by inheritance to heirs of that owner either with the help of a will or by intestate succession. So I don't think you will have a right to her property.
Thanks.
Hi tanyas!
I don't think your mother could acquire the property of the third person or you can remove the third party's name from the property deed. Tenancy in common does not give this facility. The property will go to the heirs of the third party.
Thanks.
I don't think your mother could acquire the property of the third person or you can remove the third party's name from the property deed. Tenancy in common does not give this facility. The property will go to the heirs of the third party.
Thanks.
The deceased had no will - no heirs. I think she was rather destitute and went to live with a friend. If she had no heirs, who gets possession???
Hi tanyas!
As there is no will or heirs, your mother can acquire the property but she will have to file an affidavit of heirship and transfer the property in her name.
Thanks.
As there is no will or heirs, your mother can acquire the property but she will have to file an affidavit of heirship and transfer the property in her name.
Thanks.