Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.
The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father in stealing the home I've occupied and maintained for 20 years. The exact wording of the deed reads as "in fee simple, for and during their joint natural lives with remainder in fee simple to the survivor of them, his or her heirs, successors and assigns forever". Please help me understand the legal ways that language is interpreted in Kentucky law.
A: That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the legislature.
Anthony M. Avery agrees with this answer
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