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-   -   Tennants in common deed (https://www.askmehelpdesk.com/showthread.php?t=113825)

  • Jul 26, 2007, 04:01 PM
    vintagecoils
    Tennants in common deed
    In 1983 my mother and father transferred as grantors to myself and mother as grantees. Both parents retained a life estate. My father passed in 1993.
    1. Question Since mother still alive I was only a remainder?

    Now in 2004 A sibling slipped a transfer deed by my mother . I and my mother just found out about the transfer in June of this year.:eek:

    The deed says from my mother to my 3 sibilings by name as tennants in common.
    With my mother retaining a life estate.

    My Question is this. Should this new deed from my mother also list me as a tenant in commons to the other three?:confused:

    I believe I still own 1/2 undivided interest right? Though a future owner an owner none the less, I hope?

    My sister believes I only own a quarter now. So it may end up in court if she won't except the facts.:(

    Should I have a new deed done with my name or is the old one showing the original transfer enough to show my proper ownership?

    Even if I need a lawyer I want some heads up info.

    I am paying for a lawyer to help my mom get her share back but if that falls through I want to know my rights and beable to defend my position as rightfully owning a 1/2 undivided interest.

    Thank you

    P.S. if I need to get a new deed which one or method should I use. Example quit claim to myself?
  • Jul 26, 2007, 05:23 PM
    LisaB4657
    From what you've said here it sounds like you own 1/2 of the property and your 3 siblings share the other half. You shouldn't need to have a new deed done but you really need to speak to an attorney and make sure of these things.
  • Jul 27, 2007, 07:49 AM
    vintagecoils
    Thank you

    I have spoke to a few. I just wanted to be sure I was covering all area's. You may know, but I have learned that in our legal system you may have every thing right but if someone tries to scam you and you don't respond or block them with proper documentation you can loose big time. Winning by default is how a lot of people get around the law.

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