Asked in Family Law and Real Estate Law for Arkansas

Q: My mom passed recently. The deed to her property has my grandmother then my mother's name and her heirs. My grandmother

Added her in 2016. Now my grandmother wants me to sign some paperwork back to her.

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1 Lawyer Answer
James L. Arrasmith
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A: If the deed to the property includes your mother's name "and her heirs," it suggests that upon your mother's passing, her share in the property would legally pass to her heirs, which likely includes you. Before signing any paperwork to transfer your interest in the property back to your grandmother, it is crucial to understand your legal rights and the implications of such a transfer.

You should review the deed to understand how ownership is structured. If it's a joint tenancy, survivorship might apply, but if it's a tenancy in common, your mother's share would typically pass to her heirs.

Consulting with an attorney who specializes in real estate or estate law is advisable. They can help you understand the deed's terms, your rights as an heir, and any potential legal and financial implications of signing the paperwork your grandmother is requesting.

Remember, decisions regarding property rights can have significant legal and financial consequences. It's important to fully understand your position and rights before agreeing to any changes in property ownership. An attorney can provide guidance tailored to your specific situation.

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