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Survivorship clause in property deed

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Mom2NMKP

Junior Member
What is the name of your state? Idaho. Hi, my mother passed on March 8, 2005. She and my step-father had a piece of property (land) which had a survivorship clause in the deed (it is fully paid for). My step-father passed in 1997, so my mother survived him. I am her only child. He, however, had 2 children from a previous marriage (who have maintaned NO contact with my mother or me since his death). The attorney I have hired (in Alabama, where the land is and where my mother lived and died) has stated they have no claim due to this survivorship clause. Because my mother outlived her husband (step-father) and she passed, I inherit from her. Had my step-father outlived my mother, his 2 children would inherit the land from him. My step-brother (one of his 2 children) has stated that they will "fight me for the land." My attorney laughed when I told him this. It is clear as a bell, and I have already filed with the probate court and Affidavit of Heirship and had the tax information for the land put into my name. My step-brother has gone over to the property and put a sign up asking anyone interested in the property to call him, which is interesting considering I have already filed the paperwork with the probate court and he knows this (he is local in Alabama, I am in Idaho). I am sending a friend of mine over (her husband is a cop in the city where the land is) to change the doorknobs and place No Trespassing signs on the property as well as I have informed the nextdoor neighbor to call the police should anyone drive up that I have not previously informed him of. Does anyone have any other advice that can help me in this situation? Thanks in advance.
 


S

seniorjudge

Guest
Mom2NMKP said:
What is the name of your state? Idaho. Hi, my mother passed on March 8, 2005. She and my step-father had a piece of property (land) which had a survivorship clause in the deed (it is fully paid for). My step-father passed in 1997, so my mother survived him. I am her only child. He, however, had 2 children from a previous marriage (who have maintaned NO contact with my mother or me since his death). The attorney I have hired (in Alabama, where the land is and where my mother lived and died) has stated they have no claim due to this survivorship clause. Because my mother outlived her husband (step-father) and she passed, I inherit from her. Had my step-father outlived my mother, his 2 children would inherit the land from him. My step-brother (one of his 2 children) has stated that they will "fight me for the land." My attorney laughed when I told him this. It is clear as a bell, and I have already filed with the probate court and Affidavit of Heirship and had the tax information for the land put into my name. My step-brother has gone over to the property and put a sign up asking anyone interested in the property to call him, which is interesting considering I have already filed the paperwork with the probate court and he knows this (he is local in Alabama, I am in Idaho). I am sending a friend of mine over (her husband is a cop in the city where the land is) to change the doorknobs and place No Trespassing signs on the property as well as I have informed the nextdoor neighbor to call the police should anyone drive up that I have not previously informed him of. Does anyone have any other advice that can help me in this situation? Thanks in advance.

Sounds like you have everything under control.
 

Mom2NMKP

Junior Member
seniorjudge said:
Sounds like you have everything under control.
Thank you..I am also having my friend (whose hubby is the cop) go over and get the sign he put up directing visitors to call him for the property info and take it down. I am disappointed that he has chosen to be this way and I guess the best advice I could use is dealing with him. He is going to be pain in my butt, I can tell, but there is really nothing he can do..except cause me grief! Thank you for your response. I hope I have covered all of my bases legally...I suppose he is just spouting off and trying to start things..I would rather see this as something that is not taken the wrong way, but simply understood that I inherited from her and that is how it goes. No hard feelings..I just don't think he sees it that way. :)
 

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