• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Right of survivorship?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jenericsam

Junior Member
What is the name of your state (only U.S. law)? Colorado
My father passed away leaving his wife of 2 years. The deed to the property was in my father and brothers names listing them as joint tenants to the property. Now my fathers wife claims she gets everything on the property. My fathers Will was very poorly written (through a website)and he lists on it that his wife may live on the property as long as she wishes or until death. She wants to move in two weeks and claims she is taking all personal items from the property (furnishing, atv,antique tractors, vehichles,). Does joint tenancy take precedence over the will?, Therefore the entire property is my brothers and also personal belongings left from my father's death.
 


Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? Colorado
My father passed away leaving his wife of 2 years. The deed to the property was in my father and brothers names listing them as joint tenants to the property. Now my fathers wife claims she gets everything on the property. My fathers Will was very poorly written (through a website)and he lists on it that his wife may live on the property as long as she wishes or until death. She wants to move in two weeks and claims she is taking all personal items from the property (furnishing, atv,antique tractors, vehichles,). Does joint tenancy take precedence over the will?, Therefore the entire property is my brothers and also personal belongings left from my father's death.
Neither the deed to the real property nor the life estate in the real property have any bearing on the personal property.

You need a lawyer, and you may need to file for an injunction enjoining her from removing any property until the will has been probated.
 

garrula lingua

Senior Member
Only those items 'affixed' to the house are considered part of the real property.

Everything else is personal property, and would be mentioned as a bequest in the will (my watch to Harry, my car to Janet, etc) or would be part of the 'residual estate'.

How bad is the will ?
Many of those downloaded have problems with the execution - usually witness problems.

Check your state's requirements for a valid will & ensure that Dad's will meets them. Also check the intestate rules (who inherits if no will).
 

jenericsam

Junior Member
Thankyou for you insight. I just acquired a lawyer yesterday but with no contact with him until monday I am seeking any knowledge as to arm myself with better questions for the lawyer. Thank you for you help
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top