Q: Need clarification on wording: rights of survivorship, their heris and assigns, forever in fee simple, all that lot...
I am looking for more clarification on the steps when a co-owner dies: the wording says joint tenants with survivorship, but there is "comma their heirs and assigns" after that I am confused about. This is in MD and I am wondering if I could maybe get more explanation please thank you
A: Joint tenants with right of survivorship means that the survivor takes title outside of probate by operation of law. Heirs or assigns usually means the grantee and whomever the grantee gave it to by descent or devise, but in context, it may simply be words indicating that the estate conveyed is a fee simple, or, in modern, practical terms, the whole title. Reading deeds can be tricky, and it may be worthwhile to pay a lawyer for a consult to read yours.
Cedulie Renee Laumann agrees with this answer
1 user found this answer helpful
A:
As the other attorney noted, joint tenants with rights of survivorship means the surviving owner takes 100%. Typically there are no steps to take with survivorship and the surviving joint tenant(s) simply owns the full property. When the survivor goes to sell, they would typically produce the death certificate for the prior co-owner.
Typically the last owner will hold "and to their [i.e., the survivor's] personal representatives, heirs, successors and assigns." Sloppy drafting may shorten this to say "as joint tenants and to their personal representatives, heirs..." though to be more precise a joint tenant deed should say "and to the survivor of them and the survivor's personal representatives, ... (etc.)." In rare instances conflicting language might exist in a deed that can create a cloud on title.
You may want to contact an attorney to review any specific deed you have questions about.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
