My mother recently passed away and her and I have shared a home for 4 years. Both of us are listed as joint tenents with rights of survorship. She made a will 2 weeks before she died leaving her half to my sisters. They have retained a lawyer already, instead of coming to me. I have no knowledge of the law and I cannot afford a lawyer. I don't want to loose my home and I can't afford to buy them out.
2007-08-04 14:13:17 · 3 answers · asked by PROUD MEXICAN 1 in Business & Finance ➔ Renting & Real Estate
The deed will trump the will.
(they may try to fight this, but the property does not become part of the Estate for the will to be probated)
The property is yours, You will need to file an affidavit of joint tenants along with a copy of the death cert. with the county.
2007-08-05 16:57:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Boy, that's a tough spot to be in! Joint tenancy, which sounds like what you and your mother shared, would have the home pass to you fully and automatically because upon her death, her interest in the property ceases. One cannot transfer interest by a will. All the interest goes to the surviving joint tenant, which in this case is you. The interest cannot be probated, because it ceased to be a part of the deceased person's estate. Be sure your deed was recorded as a joint tenancy, and call an atty (or a few) who may be able to give you further reassurance in a free consultation. Hope this helps.
2007-08-05 01:14:31 · answer #2 · answered by J k 3 · 0⤊ 0⤋
Rights of suvivorship means the survivor owns the whole house. It is NOT part of the will. The deed takes precedence. Whoever did the will for your mother obviously did not know the deed had rights of survivorship.
You will have to see a lawyer. Take the deed and the lawyer will file the paperwork for a deed in your name only. I don't know how much that will cost you in California but it cost $250 a couple years ago in Ohio.
2007-08-04 21:27:34 · answer #3 · answered by bdancer222 7 · 0⤊ 0⤋