Q: My mother before she died put me on the deed as sol suvivership on her home. My sister believes she is entitled to a 1/3
Of the money from the sell of the home because the will said the assets were to be divided among me and my two sisters. Is she entitled to part of the money?
A:
If you mother placed you on the deed during her life as a joint owner with survivorship then at your mothers passing you became the sole owner of that real property. The transfer is referred to as an "inter Vivos transfer" which based means a transfer during life.
A transfer during life via a deed supercedes a gift made by a will for this asset. This from the facts you state it appears that your sister is not legally entitled to a share of the property.
Lauren Nagel Richardson agrees with this answer
A:
If your mother executed a deed to you and her as joint tenants with right of survivorship (JTROS) or to the both of you with the term "survivor" or "survivorship" listed there as well, then your mother's interest would pass to you as surviving joint tenant by operation of law. All that would then be required to show that you had clear title in the property would be to record your mother's death certificate in the public records.
If there is any doubt as to whether the deed transferred 100% of the property to you upon your mother's death, you should have the deed reviewed by an experienced probate or real estate attorney.
If this is indeed the case, and you are the 100% owner by deed, then this asset does not pass under the will. Again, if you have any concerns, you should contact a real estate or probate attorney to review the deed.
A:
If your mother executed a deed to you and her as joint tenants with right of survivorship (JTROS) or to the both of you with the term "survivor" or "survivorship" listed there as well, then your mother's interest would pass to you as surviving joint tenant by operation of law. All that would then be required to show that you had clear title in the property would be to record your mother's death certificate in the public records.
If there is any doubt as to whether the deed transferred 100% of the property to you upon your mother's death, you should have the deed reviewed by an experienced probate or real estate attorney.
If this is indeed the case, and you are the 100% owner by deed, then this asset does not pass under the will. Again, if you have any concerns, you should contact a real estate or probate attorney to review the deed.
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