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Joint tenant rights with stepmother having rights of survivorship

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mmacklem

Junior Member
What is the name of your state?What is the name of your state? Florida

My dad passed away 11 years ago leaving a condo in Florida to his 3rd wife with her having "rights of survivorship" and me and my brother as joint tenants. As far as we understand she is responsible for paying property taxes, insurance, condo fees, etc. & maintaining the property.

She remarried and her new husband will not allow me access to her via email, phone, mail, etc. I found out the condo was destroyed except for the outer shell during the 2004 hurricane season. I have photos a friend took for proof. I would like to know if the place has been repaired, and shouldn't she be obligated to have told me of the damages?

Also, I am concerned about not finding out when she dies for the property to pass to me & my brother since there is no communication allowed. He is a jerk!!! How will I know if/when she dies so we can sell the property & move on with our lives? He could keep paying all the fees and no one would know...other than infringing upon an acquaintance to return to the property for more pictures....we still wouldn't know if she is dead or alive!

Thank you.
 


Though I have no advice I find the post most interesting. Since the condo was destroyed and is no longer there and I am assuming she has every legal right to collect on insurance she paid to cover the condo, are you then legally entitled to a share of that insurance? I almost THINK no and there is no condo so.............

I hope someone comes along and answers your query!! Very interesting.
 

HomeGuru

Senior Member
mmacklem said:
What is the name of your state?What is the name of your state? Florida

My dad passed away 11 years ago leaving a condo in Florida to his 3rd wife with her having "rights of survivorship" and me and my brother as joint tenants. As far as we understand she is responsible for paying property taxes, insurance, condo fees, etc. & maintaining the property.


**A: not true, as you and your brother are also responsible for those expenses, since you are also property owners.
********
She remarried and her new husband will not allow me access to her via email, phone, mail, etc. I found out the condo was destroyed except for the outer shell during the 2004 hurricane season. I have photos a friend took for proof. I would like to know if the place has been repaired, and shouldn't she be obligated to have told me of the damages?

Also, I am concerned about not finding out when she dies for the property to pass to me & my brother since there is no communication allowed. He is a jerk!!! How will I know if/when she dies so we can sell the property & move on with our lives? He could keep paying all the fees and no one would know...other than infringing upon an acquaintance to return to the property for more pictures....we still wouldn't know if she is dead or alive!

Thank you.
**A: you better check with the estate attorney. The new deed should state a TC tenancy rather than joint tenancy.
 

mmacklem

Junior Member
Tenants in common vs joint tenants

In your opinion, what's the difference? My dad drew up the deed in 1994, it's a little late to change it wouldn't you say? If not, I'll see about revising it if it's worthwhile, is there a chance we might not get the property with it being a joint tenancy with the right of survivorship??
 

HomeGuru

Senior Member
mmacklem said:
In your opinion, what's the difference?

**A: huh? Do your research like I said and find out.There is a HUGE difference.

**************

My dad drew up the deed in 1994, it's a little late to change it wouldn't you say? If not, I'll see about revising it if it's worthwhile, is there a chance we might not get the property with it being a joint tenancy with the right of survivorship??

**A: if tenancy is in fact JT and you 2 get into an accident and die, guess who gets both of your shares of the property?
 

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