Asked in Estate Planning

Q: I had added my deceased mothers name into my mortgage long before she passed but she never made any payment contribution

My siblings want her share of the property though I was the one who made all payments which is unfair

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: It sounds like you may have added your mother to the title to your property as well, and that is why your siblings now believe your mother's share of the property is part of her estate. But that is merely speculation and reading between the lines. You should hire a probate attorney to represent your interest in your mother's estate and also explore this issue.

You will need to show him or her the deed to your property. The exact wording of the deed can make a dramatic difference. If you were joint tenants with right of survivorship, then you are now the sole owner. If you were tenants in common with your mother, then her share is indeed an asset of her estate, at least superficially, but you might be able to prove (with the assistance of an attorney) that was done solely as credit enhancement and she was not meant to be a true owner. (And FYI, if that was the case, then it should not have been documented that way. You should have consulted and attorney to ensure it was done right and you would not have ended up in this pickle that will be expensive to correct.)

And there are other possibilities.

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