View Full Version : Survivor beneficiaries meaning
moonmagick
Oct 9, 2015, 05:13 AM
Mom my put me and my sister on her house a&d survivor beneficiaries, my sister wants to buy the house says shecan force me to sign my name to my mom for my mom to sign it over to my sister my mom is alive lives in assisted living home can my sister do this?
joypulv
Oct 9, 2015, 05:27 AM
Your sentence is sort of all jumbled. It would help if you could explain more clearly.
Your sister might have POA (power of attorney) of various kinds. Please find out and answer back.
Most of this depends on exactly whose name(s) are on the actual DEED to the house, and how it is worded. Please answer back about that.
Is your sister talking about buying you out NOW? Your mother is still ALIVE!! Neither you nor your sister are 'survivors' yet, right?
In general, if more than one person inherits a property, and they can't agree on how to share it, one or more than one can go to court to force PARTITION. She could do that and buy you out, but only if the court agrees. If you want to keep living there, you would have to buy her out. Whoever buys who out has to be done at market value after a formal appraisal.
ScottGem
Oct 9, 2015, 05:29 AM
First, please proof read your questions before posting. It is very hard to understand what you are saying. Second, ANY question on law needs to include your general locale as laws vary by area.
The key here is how title of the property is worded. I've never heard of "a&d survivor beneficiaries" when applied to real estate. Either a person is listed on the deed as a partial owner, or the person is listed as heir in a will or a beneficiary of a trust. Without knowing how the property is titled its impossible to accurately answer you.
Is your mom lucid? Does your sister have a Power of Attorney? If you are listed as an owner, then your sister cannot force you to sign over your share without a court order.
So you need to research how the home is titled and let us know before we can answer.
joypulv
Oct 9, 2015, 05:35 AM
ScottGem, in CT a tenant in common can be on the deed with right of survivorship.
Or maybe it's 'joint tenant with right of survivorship' vs 'tenant in common.' I forget, what with each state having different wording.
ScottGem
Oct 9, 2015, 07:35 AM
Yes, exactly why we need to know the EXACT wording of the title to be able to answer. The OP is obviously unclear about the situation. He needs to get it clarified before he can get help.