View Full Version : Rights to suriviorship
candgwill2
Aug 6, 2007, 03:40 PM
My husbands best friend died. The kids were told by the girlfriend that she has quick claimed the home into her name leaving the 19yr old boy and a 17yr. Girl out of the picture. I saw the deed. The deed reads " A single man MG, and a single women S B as joint tenents. Does this mean that the kids are intitled to at least 1/2 since it was not listed a "right of surviorship"? I am confused on the clairty of this. I want to advise them correctly on this matter. Thank you.
Gretchen W:confused:
Choux
Aug 6, 2007, 03:50 PM
It says a single man MG *AND* a single woman SB, as joint tenants. That means that if one of the joint tenants dies, his one half share goes to his legal family, in this case his children.
However, you say that SB had the man sign a Quit Claim Deed to her thereby signing his half interest in the home over to her giving her 100% ownership.
Joint tenants with rights of survivorship is written as single man MG *OR* single woman SB.
Those children need a good lawyer to examine the paperwork!
candgwill2
Aug 6, 2007, 05:04 PM
Well as to the quick claim. SB did the quick claim herself with out any written permission from anyone. She took the death cert. down with her and had the deed quick claimed with out the family being notified. Gretchen Williams
It says a single man MG *AND* a single woman SB, as joint tenants. That means that if one of the joint tenants dies, his one half share goes to his legal family, in this case his children.
However, you say that SB had the man sign a Quit Claim Deed to her thereby signing his half interest in the home over to her giving her 100% ownership.
Joint tenants with rights of survivorship is written as single man MG *OR* single woman SB.
Those children need a good lawyer to examine the paperwork!
Fr_Chuck
Aug 6, 2007, 05:21 PM
The family needs to file a suit against the property. This was not done legally with the limited info given
DianeV Sr Loan Officer
Aug 6, 2007, 05:21 PM
The person who owns the house has to sign a "Quit Claim Deed" over to another person. You just can't decide to draw one for yourself and add yourself to a deed. The person would have had to done it before he died.
That having been said, if your deceased friend did sign over, she MAY only own half. Some joint tenancies do not have the benefit of survivorship. Those kids need an estate atty. ASAP!
candgwill2
Aug 6, 2007, 07:59 PM
Thank You. I will advise the kids.
Gretchen Williams
The person who owns the house has to sign a "Quit Claim Deed" over to another person. You just can't decide to draw one for yourself and add yourself to a deed. The person would have had to done it before he died.
That having been said, if your deceased friend did sign over, she MAY only own half. Some joint tenancies do not have the benefit of survivorship. Those kids need an estate atty. ASAP!