Posted on: 19th Jan, 2009 10:18 am
Quitclaiming or a deed for property that currently has rights of survivorship...My mother Madge is a joint tenant with rights of survivorship with her brother Pedro for a parcel of property in the state of Pennsylvania.
Can my mother quitclaim or execute a deed for her interest of the property from herself to me her son (Mateo) and will this terminate the joint tenancy with rights of survivorship?
Can my mother also name herself as a recipient of the property along with me or do I have to do another quitclaim/execute a deed back to her/to include her?
If my Uncle Pedro dies intestate, will the property revert to the tenant/s in common?
Thank you!
Can my mother quitclaim or execute a deed for her interest of the property from herself to me her son (Mateo) and will this terminate the joint tenancy with rights of survivorship?
Can my mother also name herself as a recipient of the property along with me or do I have to do another quitclaim/execute a deed back to her/to include her?
If my Uncle Pedro dies intestate, will the property revert to the tenant/s in common?
Thank you!
Hi treasures2treasure,
As your mother and her brother has a joint tenancy with right to survivorship, if your mother transfers the property in your name, the joint tenancy with right to survivorship will be severed and it will become a tenancy in common. As far as I know, your mother can add her name as one of the recipients of the property. If your uncle dies intestate, then the property will not revert to the tenants in common but it will go to the heirs of your uncle.
Thanks
As your mother and her brother has a joint tenancy with right to survivorship, if your mother transfers the property in your name, the joint tenancy with right to survivorship will be severed and it will become a tenancy in common. As far as I know, your mother can add her name as one of the recipients of the property. If your uncle dies intestate, then the property will not revert to the tenants in common but it will go to the heirs of your uncle.
Thanks
My uncle Pedro is single, has no heirs & has no will?
In that case, the court will decide as to who his heirs are and transfer the property to them.