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Property was owned by Gpa, and he added his daughter and son 2 yrs ago. He changed the deed to the mentioned above "joint tennants with full rights of survivorship but not as tennants in common" and now he has died. What are the rights of the son and daughter, how is this property handled.
I am a renter and the grandpa was charging me a extremely fair rent price for this commercial building and now the (daughter) on this deed wants to tell me what the new rent is and her terms. What power does the (son) on this deed have? Can he partition the property, or deny her rent increase amount.? I need info, because I am caught in the middle of this.

2007-04-28 08:55:21 · 5 answers · asked by roboto 1 in Politics & Government Law & Ethics

who of the two parties decides the rent charges. Also if there was no lease agreement with the gpa, but a paper trail paid rent with a check, do they have to issue me a 30 day written notice of rent increase. What about eviction? 30 days as well? Realize I am dealing with my inlaws...

2007-04-28 14:17:02 · update #1

5 answers

Daughter and son now own the property by operation of law. Joint tenants with right of survivorship means that the surviving joint tenant takes by operation of law on the death of one of the joint owners. The phrase "not as tenants in common" is added to clarify the fact that the property will not pass by will or intestacy.

The son and the daughter need to get together on this. They each have an undivided one-half interest in the property. They need to act with unanimity.

2007-04-28 10:18:23 · answer #1 · answered by Mark 7 · 0 0

in the old days a joint tenant with right of survivorship had to be created at formation or by straw man, but many states have done away with the unity requirement

assuming: valid joint tenant with right of survivorship; it means the property does not past threw probate, the two siblings now own the land equally together as tenant's in common, the son and daughter have equal say in property, either party can move to sell the place or receive equal value for their equity, if the two can not work it out , one may have to buy one out or force the sell

2007-04-28 09:17:16 · answer #2 · answered by goz1111 7 · 0 1

Basically joint tenants means both own the property n if one dies the property reverts ownership to the surviving owner...........tenants in common means 50/50 n if one dies then his/her 50% ownership transfers to the beneficiaries of their will. In your case the son has the same rights as the daughter. However he probably lets her do the tuff talking. Check rental values of other commercial properties in the area to use as comparision in her justification of the rental increase....if in line with market then not much u can do, if way above then plead your case..........good luck.

2007-04-28 09:08:16 · answer #3 · answered by supertadpole999 2 · 1 0

the owner became into probable compelled via the city to freshen up the remains ASAP, for cover matters to the standard public. i could say this probable falls right into a civil count somewhat than 'tenant rights'. i be attentive to that your community library probable has a e book on tenant rights on your state. Take a pair hours some night, (take a pen & pc with you), basically in case you are able to't verify it out, & see what it says. All states have distinctive regulations. If all that became into left have been some salvagable products, which you need to to enable it flow. Hiring a criminal expert won't be logical. desire this facilitates!

2016-10-14 00:38:25 · answer #4 · answered by ? 4 · 0 0

you would probably have to ask who eva is incharge of da deed.

2007-04-28 09:24:02 · answer #5 · answered by Rapper4JC 5 · 0 1

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