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Deed vs Will?

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Bultaco

Junior Member
Greetings. This is my first post. I am curious about the ownership of the 5 acres on which I live. The property has a well and two small homes on it. I rented one of these homes for 20 years, at which point, the owner had the deed changed to list us both as owners on a "Grant Deed". She is getting old, and I have never reviewed her will. Upon her death, will the 5 acres and the two homes become mine, or can her will take priority over the Grant Deed? Must I take additional action to ensure I inherit the property?

Many thanks to anyone who can help me understand this situation better,
BultacoWhat is the name of your state (only U.S. law)?

I live in Southern California
 
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Bultaco

Junior Member
How is Title "held"

I'll try to answer as best I can. The property is completely paid for, and the title to the land is in a safe deposit box. Does that answer the question?

And thank you for your reply!
 

Indiana Filer

Senior Member
I'll try to answer as best I can. The property is completely paid for, and the title to the land is in a safe deposit box. Does that answer the question?

No. How are the owners listed on the title? Does it say "Old lady and Young Guy, Joint Tenants in Common" or what?
 

tranquility

Senior Member
Please write out the entire line where "joint tenants" is written in the deed. The EXACT wording. I gave the request for exactly and Indiana Filer gave an example. Help us to help you.

A deed will rule to the property over a will. We're just trying to find out if there will be anything in the estate regarding the property for the will to distribute.
 

nextwife

Senior Member
Greetings. This is my first post. I am curious about the ownership of the 5 acres on which I live. The property has a well and two small homes on it. I rented one of these homes for 20 years, at which point, the owner had the deed changed to list us both as owners on a "Grant Deed". She is getting old, and I have never reviewed her will. Upon her death, will the 5 acres and the two homes become mine, or can her will take priority over the Grant Deed? Must I take additional action to ensure I inherit the property?

Many thanks to anyone who can help me understand this situation better,
BultacoWhat is the name of your state (only U.S. law)?

I live in Southern California
When was the deed executed? Was the Grantor mentally competent at the time?

\Did the Grantor actually have good title to the property when they deeded it?
 

Bultaco

Junior Member
Here's the exact wording:

I am holding the "Grant Deed in my hands. The exact wording is as follows (including capitalization of certain words):

"FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Jane Doe

hereby GRANT(S) to
Jane Doe AND John Smith as Joint Tenants
the following described real property in the county of KERN"

...and then there is a description of the parcel of land we share.

Thank you all for taking the time to help. Bless all you hearts!
Patrick
 
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Bultaco

Junior Member
To Nextwife:

The deed was executed in 2005. Yes, she was of sound mind when the deed was changed to include me. And yes, she had clear title.
 

justalayman

Senior Member
as a joint tenant, you would then become sole owner of the property.

That doesn't mean others will not contest the transfer and not having all the information available that could allow such a challenge to be successful, it is impossible to say anything with 100% certainty.


btw; do you still have a Bultaco or was that simply a name you grabbed?
 

Bultaco

Junior Member
Do I actually HAVE a Bultaco

Justalayman:

What a great question! Short answer, No. Long answer... I had up to 12 at one time (all Bultacos in various states of deterioration. When I first moved to the Mojave desert, by first offroad bike purchased was an old Alpina 175 that took me many more miles than it should have. On one very long ride (about 120 miles), the swingarm nut fell off(!!!), the swingarm bolt slid in enough to allow the right side of the swingarm to swing in an entirely new direction. Found the nut, reattached it, and kept going. Got pulled over on the way home, and the state cop could not believe I had just ridden the old Bul so far. Thinking I had suffered enough, me let me go! The only part that survived was the tank badge, which I glued to my car's steering wheel center. Years later, a student of mine saw the badge and asked if I had a Bultaco. I said yes, and learned that he had 8!! And wanted to sell them. So I bought them all. Quite a load of crap actually, based on their condition. Only one ran... an Alpina 250 that was his wife's bike. It was she that insisted he sell them all. 5 years later, the seller called me to ask if he could buy his wife's bike back...she missed it! As I have six sisters (!!!) I can truly relate to Bud's plight. I sold them all back to him, so he'd have parts. The last 2 I had were Sherpas... both 350s... one from 1976 the other from 1979. Both were gifted to loving owners. My current Armada consists of:

1970 Montesa Cota 247 (pretty ratty)
1972 OSSA Pioneer (near mint, but needs kickstart lever)
1973 Yamaha 125 Enduro (mint, except for a dent in the tank)
1979 Husqvarna 390 (perfect condition)
2000 Honda XR650R (best bike ever off road... EVER!)
2005 Montesa Cota 4RT Repsol Replica (with fuel injection!)
2007 Honda XR650R (because one wasn't enough)

I really appreciate your replies and offer my sincere thanks. Have a relaxing and rewarding Easter today. Its a good day to forgive someone.
 

Indiana Filer

Senior Member
I am holding the "Grant Deed in my hands. The exact wording is as follows (including capitalization of certain words):

"FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Now go back and edit this to remove the real names.
 

latigo

Senior Member
If as you report, the Grant Deed designates you as a “joint tenant”, and a joint tenant only, it will NOT allow you to succeed to the woman’s interests upon her death!

If so, then you and she are joint tenants or tenants in common with each owning an equal undivided interest in the property.

Although held jointly and equally those respective interests are entirely separate. Which renders them subject to disposal by sale, or through a last will and testament Or becoming encumbered by the imposition of liens (voluntary or involuntary).

The ONLY condition upon which you could succeed to her undivided interest (by virtue of the deed and upon her death) is if the deed characterized the relationship of the co-owners as:

”JOINT TENANTS WITH RIGHT OF SURVIVORSHIP”! (JTWROS)

So don’t be misled into thinking otherwise.

Moreover, you haven’t stated whether or not the deed has been RECORDED or if so when it was recorded, or even if it is in a form that can be recorded.

If not recorded, you may not own anything. And if not recorded and if she has been (or will be) receiving financial assistance from the state, the state will have an automatic lien on the entire tract.

You are obviously and understandably confused here. Understandably because these are complicated legal issues involving a complicated subject matter.

So let me emphasize once again. The mere fact that two people own property jointly does not entitled the survivor of the two to take the interest of the deceased joint owner. The right of survivorship must be explicitly expressed.

TAKE THE DOCUMENT TO YOUR ATTORNEY!

Sax
 

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