Q: Who get's the house?
So my cousin just passed and her house was put in hers, her sons and my moms name. Her son has warrants and will most likely be in prison for a few years. So I'm wondering if my mom get's the house if he is locked up? Does she pay him his part even though he is locked up?
Update:
We found out the son was taken off the house so it is only in my mom's name now. The question now is, if the family fought it or if it's in her will that the house goes to someone else can the house be taken away from my mom even though her name is on it?
A:
The fact that one of the people on the deed is locked up will not prevent him from owning that share. Your mother could purchase his share from him, yes. She should have a real estate attorney help her with this.
There is also the question of what happened to the decedent's interest. If the three of them owned as joint tenants with right of survivorship, then the decedent's interest has vested in the survivors. If it was titled differently, some legal process will need to take place to update the land records to vest the decedent's interest in the decedent's heir(s). You should contact a local probate attorney for help with this.
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