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    moonlite's Avatar
    moonlite Posts: 90, Reputation: 3
    Junior Member
     
    #1

    Sep 3, 2008, 01:27 PM
    Joint Tenancy
    Hello folks - This is actually a continuation of a previous issue that was discussed here. If you want to understand the background, please visit my post titled "can this will be enforced"

    Well, I had a chance to pull one of these deeds and examine it further. It appears that my father, more than likely not knowing the seriousness and implications of his action, had added my brother and his sister as "Joint Tenants". In Maryland law, a Joint Tenant has a Right of Survivorship, which would explain how some of these deeds were re-titled to reflect the new owners. I am sure if my father was alive and asked how he would want his estate to be distributed he would have chosen to have it distributed equally. But this talk now is lame. I have a situation that I must deal with. My primary concern is my mother. She was married to my father for the longest time and was married to him when he passed. Can she claim any share at all in these properties ? I am assuming all of them are titled th same way. Thank you.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 4, 2008, 07:00 AM
    Quote Originally Posted by moonlite
    Hello folks - This is actually a continuation of a previous issue that was discussed here. If you want to understand the background, please visit my post titled "can this will be enforced"

    Well, I had a chance to pull one of these deeds and examine it further. It appears that my father, more than likely not knowing the seriousness and implications of his action, had added my brother and his sister as "Joint Tenants". In Maryland law, a Joint Tenant has a Right of Survivorship, which would explain how some of these deeds were re-titled to reflect the new owners. I am sure if my father was alive and asked how he would want his estate to be distributed he would have chosen to have it distributed equally. But this talk now is lame. I hav a situation that I must deal with. My primary concern is my mother. She was married to my father for the longest time and was married to him when he passed. Can she claim any share at all in these properties ? I am assuming all of them are titled th same way. Thank you.

    Should be combined with other thread - difficult to switch back and forth to check on facts.

    No, your mother was not on the Deeds, she has no claim to the properties. The properties did not pass by Will - they passed outside the estate AND were jointly owned so there is no argument there.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Sep 4, 2008, 08:39 AM
    [QUOTE=Comments on this post
    moonlite agrees: Thank you so much. I truly appreciate ALL your responses, JudyKayTee's !.[/QUOTE]



    What is sad, indeed, is that your father probably deeded properties in this manner to either cut back or avoid estate taxes or protect your mother in some way - and now you'll never know exactly why it was done and he'll never know it sort of backfired.
    moonlite's Avatar
    moonlite Posts: 90, Reputation: 3
    Junior Member
     
    #4

    Sep 4, 2008, 10:19 AM
    BINGO ! Exactly right ! I wish more parents would read this so they can learn something. An innocent little child can become a monster and actually turn his back on everybody when he sees the $$$ !

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