Quote:
Originally Posted by
gcc
... I have spoken to an attorney about the 'joint tenants with rights of survival', vs. 'tenants in common'; of which she called it '50/50', which has the same meaning, I presume?
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Joint tenancy, with right of survivorship (or simply joint tenancy, it means the same thing although not quite as wordy), means that if one joint tenant dies, the other one owns the property. It doesn't go through a probate estate. On the other hand, tenancy in common means that, each person has an undivided half interest in the property. Upon death, the decedent's estate owns that half interest.
As an aside, I find it amusing that some long-ago lawyer added the redundant "with the right of survivorship" phrase in a futile attempt to make the concept easier to understand. It is funny that this unknown lawyer appears to have forgotten that adding more big words to an already difficult to understand phrase does not have the desired effect of making the concept easier, but instead tends to make it even more opaque (even requiring an unpronounceable acronym in a further futile effort to "simplify").
Quote:
Originally Posted by
gcc
... I think she did say if the Deed is written up as JTWROS then that would supercede the Will. ...
I wouldn't put it as superceding the will. If in fact your father signed a deed transferring the property to himself and your brother as joint tenants, upon his death he no longer owned any interest in the property. So the will would not effectively transfer an interest in the property because he no longer had an interest.
The will continues to be effective, but not as to that property, because that property is not in his estate (not owned by him at his death).
Quote:
Originally Posted by
gcc
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I haven't, as yet, retained the attorney to look into this matter because right now she's handling the Will to go to probate court, and by now I hope it is there. My brother is executor of the Will, and hopefully he'll carry out his responsibilities as executor, or maybe the attorney will notify me when the Will has been probated.
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You cannot retain that attorney if that attorney is representing or advising your brother regarding the will and probate. That would be a conflict of interest. There are specific requirements concerning giving you written notice of probate.
Quote:
Originally Posted by
gcc
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... (I've heard once a Will is actually probated that it becomes public knowledge, and I can then look it up on the Internet). Is that true?
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Yes and no. When a petition to probate the will has been filed in the court, you would have the right to read the will and the rest of the court file. However it is probably not going to be online. You would have to go to the courthouse.