Posted on: 09th Jan, 2013 12:58 pm
My mother-in-law recently passed away and my husband has been named as the Executor of her will.
She owned two homes. One is the home that my husband and I live in. Our home is in her name and my husband's. It is the only property specifically stated in her will to go 100% to anyone.
My question is in regards to the home she lived in upon death. My sister-in-law is on the deed with a Quit Claim processed five years after the will was originally produced. On the QCD it states "joint tenants with rights of survivorship". If the will states that all property, whether real, personal or mixed, be divided 50/50 upon her death, how does that work with the second home?
Thank You.
She owned two homes. One is the home that my husband and I live in. Our home is in her name and my husband's. It is the only property specifically stated in her will to go 100% to anyone.
My question is in regards to the home she lived in upon death. My sister-in-law is on the deed with a Quit Claim processed five years after the will was originally produced. On the QCD it states "joint tenants with rights of survivorship". If the will states that all property, whether real, personal or mixed, be divided 50/50 upon her death, how does that work with the second home?
Thank You.
Doesn't matter what the will says, the surviving joint tenant owns that property now.
Hi Critter!
Welcome to forums!
As the quitclaim deed was signed prior to your mother-in-law's death and it comes into affect in her life time, I guess the property will go your sister-in-law as she has the rights of survivorship. Nevertheless, it will be better to take help of a real estate attorney and consider his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As the quitclaim deed was signed prior to your mother-in-law's death and it comes into affect in her life time, I guess the property will go your sister-in-law as she has the rights of survivorship. Nevertheless, it will be better to take help of a real estate attorney and consider his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
That gives me a pretty good answer. We were planning to contact the attorney that wrote the will up just to double check, but that is kind of what we were figuring. She had told my husband to get his name put on there as well, but he honestly thought there would be more time.