Q: If a deed is titled as and/or between spouses and 1 spouse dies, does the property automatically pass to the survivor
My spouse and I own three properties, but the deeds are listed as "and/or". He also has an adult daughter from a previous marriage. If he passes without a will, will I be able to keep the properties or will she have a claim to them as well as the property that is solely in his name. Of the three properties, 1 is under a contract for deed, 1 is rented out for additional income, the other is going to be a home for us in the future. The property in his name is used to allow her a place to live.
A: This all depends on how the property was titled. If it asi "joint tenants with rights of survivorship" all that is needed is an affidavit of surviving joint tenant. Otherwise, you may have owned the property as tenants in common which may mean that the stepdauther may be entitled to a partial share.
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