Q: Two ppl on a quit claim deed, one dies, does surviving wife get half of the property?? Please read all details!!!
My husband purchased 10 acres in 2020 and my son was put on the quit Claim deed to protect me, as I could not be put on it living in another state and on disability. My son passed away in September 2024 of ALS. He was married Aug 2023 and now she says half the 10 acres are hers. My husband has always paid the taxes on the property. They never contributed 1 red cent to anything there!!!
She has admitted that prior to him being diagnosed that she was ready to kick him out of her trailer, which by the way is +/- 13 ft on my husband's property... found this out after we had it surveyed. The 10 acres was NEVER meant to go to her!!
A:
I'm sorry to hear of the loss of your son, and the mess that this is creating. HOWEVER, without seeing the deed it is impossible to know. This all depends on HOW your son was 'put on the deed'. Was it 'joint owners with full rights of survivorship'? Joint Tenants? Tenants in Common? Is it silent on that issue?
This is the largest 'pitfall' in trying to "DIY" property ownership without legal advice. Take the paperwork to a local real estate attorney ASAP to review everything and you can get some real answers. On the internet we're just guessing.
Seek that local legal representation NOW to avoid even bigger issues.
Thomas. R. Morris and Brent T. Geers agree with this answer
A:
As Mr. Zichi mentions, this scenario is the reason people should not DIY deeds or estate planning documents, because what is meant to happen is all too often lost in translation.
An attorney needs to ascertain from the deed language whether your son is a joint tenant with rights or survivorship, a tenant in common, or some other joint form on ownership. Let me emphasize this: whether you or the wife are right depends entirely on the deed language, NOT what your husband, son, or you meant.
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