Entitlement to a house?

Question

So here's my story.

My moms parents bought a house during the WWII era in Sarasota Florida.(Of course all the little retards built everything up and killed precious wild life)

But my mom was born in that house, she was the 2nd of 3 kids.
When she was in her mid 20's she got married to a man that her parents didnt approve of and they had me, 5 years later my sister.

During that time we never owned a house, we lived in the Cuban and Black ghettos of Bradenton.

We just rented dinky old apartments and broke down cottages.

So a couple years ago my mom and dad divorced and shortly after my dad died(R.I.P. dad luv ya, Tsalagi Warrior) and my mom, sister, and I moved back into my mom's childhood home.

Her dad is dead, one of her bros is married, and the other lives at home with my Grandma, my mom, my sister, and me.

My grandma says that the 3 of us have to move out when I'm 18.

Does my mom have any entitlement or partial ownership to the house?

My mom says she is on the deed but my Grandmother says that she has no entitlement at all, because her last name is no longer her maiden name.

Well if my grandma doesnt write a will does my mom get partial claim to it?

How do i find out whos on the deed?

Thanks you guys, real good help.

Answer 1

Yes, your mother is on the deed and thus, has an interest in the house. Her last name has absolutely nothing to do with her entitlement to the property. It is deeded to a person NOT a name. The house can not be sold without her signature. In the event that your grandmother passes away, she can only pass on her interest. (for example: if she wills the house to your uncle he will only own half of the house and your mother the other half. If she willed it to two of your uncles they would each own only 25% interest and your mother would still have 50% interest in the house.) Your mother's interest in the house can never be willed to someone else without her permission. In the event something comes of this, your mother can assert her right to live in the home if she so chooses. She can not be evicted from a home in which she currently lives and her name is on the deed. This includes her children as well.

If your grandmother doesnt have a will her HALF of the house will go into probate and the court will decide what will happen to her interest. Your mother's interest will remain unaffected by your grandmother's passing.

If you want to know who's name is on the deed, you can go to the county's register of deeds or the assesor's office. This is often available online. Email me and I'll see what I can do to assist you to locate the information you need.

(paralegal)

Answer 2

The controlling element seems to be the deed. If you are in Sarasota, Florida, you can check names on deeds by way of the Internet. Click here: http://www.scgov.net/Frame/ScgWebPresence.aspx?AAA498=CCC9C374C5A2BFA6C8C1C0A7B5ADB2B7C080AFB5BF

At the bottom of the page, you will have to click on an acknowledgement that reads "Click Here to Acknowledge the Disclaimer and Search the Official Records Database", and then search the database.

At least it is a place to start. If you find what you are looking for, you can get a copy by going to the Recorder's Office, or you can telephone and have the copy expense charged to a credit card.

If you have any questions, call their office: Phone: [phone].

I am thinking that the title to the property is still in your grandmother's name and that of her late husband, but we will not know until the land records are checked.

The title to the real estate will go by either will or intestacy on your grandmother's death.

Answer 3

stigg is right, unless your grandmother signs a deed to her. However, in most places, without a will things go through a probate and is split between the sibs.

Your mother is not given any ownership to a home that your grandparents own without the proper paperwork.

Answer 4

If someone deeded a partial interest to your mother, it doesn't matter if she changed her name. No one here has seen the documentation or done a title search, so no one here can give you an answer. If your mother believes she has an interest she needs to go to a local lawyer to protect it.

Answer 5

Based on what you told us, not unless her name is on the deed. Presumably your grandmother owns the house now. If your mom is getting part of it in the will, that doesn't matter until your grandmother passes away.

Answer 6

No...she did not purchase the house or assist in purchasing the house...and it was not deeded to her. She could inherit it through a will...if your grandmother so deems...but until then there is no legal interest in the house by anyone but your grandmother.

Answer 7

No, not unless her name is on the deed.