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Joint Tenants and Tenants in Common

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dswear

Junior Member
What is the name of your state (only U.S. law)? Florida

My mother has assigned me as Joint Tenants with rights of survivorship on her homestead property and Tenant in Common on another property. One property is in her name only. Is it possible for someone to talk her into selling a property with my name listed on these properties without my consent? Can she change the titles without my knowledge? What is the best way to protect my inheritance and her from scam artists? She is old and vulnerable, and since I do not live with her or near her; I can not monitor who she is involved with. She recently met a man who may not have her or my interest at heart and I can't reason with her. All properties are paid..no money owed.

I do have a durable power of attorney.

Thanks to anyone who might have knowledge in Florida.What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
Is it possible for someone to talk her into selling a property with my name listed on these properties without my consent?
she can only sell what she owns. She can sell her interest in the property but she cannot sell your interest in the property.

Can she change the titles without my knowledge?
to what?

What is the best way to protect my inheritance and her from scam artists?
If she is legally competent, there isn't much you can do. Being competent, she can do as she wishes with her interest.
 

FlyingRon

Senior Member
It's not YOUR inheritance while your mother is still living. If you want to help her protect HERSELF from scam artists that would be another thing.

She did a very foolish thing giving away half the properties to you now.
As Justa says, it's not practical to sell properties that you only have partial ownership interest without the acquiescence of the co-owner. She can however give away her half (in full or in part) quite easily. She can also change the joint ownership to tenancy in common at will.

As for your presumed inheritance, if she gives a hoot what happens to things after she dies, she should consult an attorney for estate planning.
 

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