In 1985, my grandmother, father and stepmother bought a house under a land contract which stipulated that it was a joint tenancy with full rights to survivors. In 1992, that page was amended because they refinanced the property to get a lower interest rate. The jt. tenancy language was omitted (probably by error). In Nov. 1993, they got a warranty deed on the property, and the deed was silent, creating a tenants in common situation. In Dec. 1993, my grandmother created a will leaving her 50 percent interest in the property to me. She died this year and I executed her will. Now father and step-mother are protesting saying that the tenants in common situation was a mistake and are threatening legal action to reform the 1993 deed to a jt. tenancy situation, thus taking me out of the picture. Can they do that?
2007-11-17 05:00:37 · 3 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Neat, You have not stated in which state your property is located.
I HATE ATTORNEYS, however, in your case, Son, Get A "REAL ESTATE ATTORNEY" --NOW !!!!!
The longer you wait, the 1. more expensive the situation becomes, 2. more animosity builds, 3. greater the chance of 'coming out behind !!!
I am not an attorney, nor real estate 'professional, however I am a real estate investor, and a 'contracted real estate sales representative' in Texas, semi-retired now.
I have bought, sold and owned well over 40 homes, and sold hundreds of land tracts / lots, on land contracts, and warranty deeds.
2007-11-17 05:24:23 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I suspect that your father and step-mother will not prevail here. Your grandmother created a will expressly bequeathing her interest in the property to you. It's apparent that she fully understood the tenants in common scenario. Had the deed been prepared as a joint tenancy, Grandma would not have been able to bequeath anything, since the rights of survivorship would have given full ownership to your father and step-mother.
Think about it. Why would Grandma leave something to you if she were not able to do so via deed ? Consult an attorney specializing in this type of situation, buy my guess is that you will prevail if it comes to trial.
2007-11-17 13:56:08 · answer #2 · answered by acermill 7 · 0⤊ 0⤋
Hiring a lawyer for minor legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful - http://www.uelp.org/freelegal.html
2007-11-18 01:43:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋