Wednesday, 5 November 2014

ownership of homedaughter and husband buys home for mom to live in. daughter does not live there. 20 years later daughter adds mom to title...

Question

ownership of home

daughter and husband buys home for mom to live in. daughter does not live there. 20 years later daughter adds mom to title. husband and mom die. there is no will. does mom other children have any rights where house is concerned. also when deed was prepard adding mom, it incorrectly states that daughter was added.



Answer

Re: ownership of home

Assuming that when the property was first acquired, the title was in daughter and husband as tenants by the entirety, the next question is how mom was added to title. Was she added as a tenant in common to the original grantees, or as a joint tenant? If a joint tenant, then upon the death of husband and mom, daughter becomes 100% owner. If mom was added as a tenant in common, her share would pass through her estate upon her death, even though she didn't have a will. That means the other children would get a share of the property. I don't understand your comment about the deed incorrectly stating the daughter was added. If she was already on title, it's irrelevent. But if you were implying that the original deed was only in the husband's name, and then later in husband and mom's name, it would be important as to who died first.



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