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-   -   Joint tenancy with survivorship vs will (https://www.askmehelpdesk.com/showthread.php?t=67631)

  • Mar 1, 2007, 08:45 AM
    pennyhampton
    Joint tenancy with survivorship vs will
    If my mother and stepfather each leave to the other in their will all of their property, etc
    And they have a joint tenancy with survivorship warranty deed...

    Where does that leave us kids...

    He has kids and she has kids...

    When one dies does his/her half automatically jump to the kids for their half?

    Which document dictates?
  • Mar 1, 2007, 09:03 AM
    excon
    Quote:

    Originally Posted by pennyhampton
    which document dictates?

    Hello penny:

    Maybe you mis-typed, but from what you wrote, BOTH documents give the remaining spouse ALL the property. The kids are going to have to wait till the other one dies.

    excon
  • Mar 1, 2007, 09:07 AM
    ballengerb1
    The deed superccedes the will. Your step-fathers decentents are in a strong position. If he dies with a will leaving his property to his children, you are out.

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