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    pennyhampton's Avatar
    pennyhampton Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 1, 2007, 08:45 AM
    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?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Mar 1, 2007, 09:03 AM
    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
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Mar 1, 2007, 09:07 AM
    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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