My father passed away without leaving a Will. He lived in the house with his wife of over 40 years and my sister, who we found out was added at some point as a Joint Tenant. As a result, she became sole owner of the property. Recently she forced our mother out of the house to live with my brother. She rented the house and she keeps all the rent income. There is every reason to believe that when she sells the property soon, she is very likely to keep all the money from the sale. This world seems to be getting colder by the day ! Is there anything my mother can do to: collect at least some of the rent money having been his lawful and loyal wife for so many years ? And, can she somehow establish a lawful right to the property so that when it is sold she would be entitled to some of the money ?

When your father died only he and your sister were listed as Joint Tenants on the deed, and your mother was not listed at all - is that correct? Do you happen to know whether your sister and father were "Joint Tenants with rights of survivorship," or were they "Joint tenants in common?" It's important to know which:

1. If JT "with rights of survivorship" then indeed your sister is now the owner of the complete property, and there is no way to try and take it back. Since your father made her a joint teant he was saying in effect that this is precisely what he wanted to have happen. And even if your father had left a will the property would still have transferred to your sister regardless of what the will might have said.

2. If JT "in common" then your father's half of the property would have been part of your father's estate. Since he died without a will that half would have been distributed between his wife and children in accordance with state law for intestate estates.

You say, "she forced" your mother out of the house. Can you explain what this meant. If legalities were not followed there may be repercussions.

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Originally Posted by moonlite

... Is there anything my mother can do ... ?

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It appears that the property is part of his elective estate. If so, you mother is entitled to a portion if it. The Florida Statutes - The Florida Senate

Thank you ! After checking county records, it appears that my sister was added as a Joint Tenant, not as Tenant In-Common. At some point, she went to court and made herself as sole owner to the property. The question now becomes a moral one. Did she have the option to add our mother as a Joint Tenant or as co-owner to the property but chose not to do that ? How hard is it add another person as co-owner, especially since the property is paid off so no qualifying would be required ? Is it fair to say that both my father AND my sister failed this poor woman ? Thanks again.

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Originally Posted by moonlite

Thank you ! After checking county records, it appears that my sister was added as a Joint Tenant, not as Tenant In-Common. At some point, she went to court and made herself as sole owner to the property. The question now becomes a moral one. Did she have the option to add our mother as a Joint Tenant or as co-owner to the property but chose not to do that ? How hard is it add another person as co-owner, especially since the property is paid off so no qualifying would be required ? Is it fair to say that both my father AND my sister failed this poor woman ? Thanks again.

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Again, you are not giving us enough info. Was it Joint Tenant with right of survivorship? Was the deed adding her properly executed by the father. Was the mother never on the deed?

Generally a deed is not amended to add a person, what happens is a NEW deed is issued transferring ownership from the current owners to the new owners. So your father executed a deed transferring ownership from himself (assuming he was sole owner) to himself and his daughter. Then the daughter showed the death certificate to the registrar to have his name removed (assuming right of survivorship).

You also did not answer the question about how the mother was forced out. We need all questions answered to be able to help.

Sorry about that. My mother was never on the deed. To the best of my knowledge, my father did the transfer with a help of an attorney and there is no reason to doubt his action. As for the "right of survivorship", I don't know. My sister is only listed as a joint tenant. I'm afraid that's all you need in Maryland as the property is located in Annapolis, MD. How was she forced out? My sister did not care for the property while my mother lived there. For example, the water heater went bad and it took my sister weeks to fix it. Little things like that day after day made life very difficult for my mother and she was forced to seek a better living arrangement.

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Originally Posted by moonlite

... At some point, she went to court and made herself as sole owner to the property. ...

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She filed a lawsuit? You can check the court file to find out exactly what she did, and when she did it.

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Originally Posted by moonlite

... How hard is it add another person as co-owner, especially since the property is paid off so no qualifying would be required ? ...

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The person who has title executes and records a deed from himself to himself and the other person.

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Originally Posted by ScottGem

... Then the daughter showed the death certificate to the registrar to have his name removed (assuming right of survivorship). ...

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In places I'm familiar with, you don't show a death certificate to a "registrar". You can, if you wish, give a copy to the title company when you wish to transfer the property to someone else (if, for example, you are selling it). I don't know if a "registrar" procedure like what you are describing is used in a Torens Title state, but since OP is in Florida, that wouldn't apply.

Ok, so mom left voluntarily, the daughter did not tell her to leave. She might be able to claim that the failure to keep the property up was a way to force her out as part of a law suit.

As for right of survivorship, if it doesn't specify then it may not be so you would need to see what court proceedings occurred.

Aside to AK, what I meant by registrar was whoever is responsible for recording a deed. In my county it's the County Clerk and you can present the clerk's office with a certified death certificate to have property held as JTROS transferred into a sole owner.

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Originally Posted by ScottGem

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Aside to AK, what I meant by registrar was whoever is responsible for recording a deed. In my county its the County Clerk and you can present the clerk's office with a certified death certificate to have property held as JTROS transferred into a sole owner.

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Where I come from, the recorder doesn't create a new deed or other document, but simply records what he or she is asked to record.