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Joint tenants with rights of survivorship

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Sight Seer

Junior Member
What is the name of your state? Florida
Two brothers and their sister live together in a doublewide. They own the land as Joint tenants with rights of survivorship. The doublewide is owned by one brother who has Alzheimer's. He and his sister are going to move to a nursing homes. They both are retired military. The sister is considering an up front payment that will guarantee her care if she exhausts her resources and they both may receive VA benefits if they nearly exhaust their financial resources.

Is there a way to protect the rights of the remaining brother to continue living on the jointly owned property?

Added:
The three siblings want to provide a home for as long as any of them live.
The question is can the VA or the nursing home refuse support until the property is sold and the proceeds exhausted? If they can, who determines which two thirds is to be sold?
 
Last edited:


FlyingRon

Senior Member
The remaining brother seems to have no rights to the trailer or two thirds of the property.
If he's in a financial situation to buy out the other two, that would probably be the best answer.
 

GatorLaw

Member
Let me make sure I understand:

The three siblings each own 1/3 of the land as joint tenants with rights of survivorship.

A doublewide trailer is located on that property and is owned by the Alzheimer's brother solely.

Your question:

Can the remaining brother continue to live on the property? [Likely Yes, he is an owner]
or is your question

Can the remaining brother continue to live in the doublewide trailer? [Likely No, he does not own it]
or is your question

What happens to the remaining brother's ownership interest if Sister and Alzheimer's brother sell their ownership interest? [joint tenancy will likely be terminated and will revert to a tenancy in common where the land might be sold off and the brother would receive his ownership interest (1/3) of the money]

Possibly Helpful: Concurrent Estate
http://en.wikipedia.org/wiki/Concurrent_estate
 

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