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Can You Bypass "Undivided" and Ignore "Survivor"

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Major_Blunder

Junior Member
What is the name of your state (only U.S. law)?
In the state of Kentucky
Deed is as follows: (quotes, word for word,excluding cash amounts, names or addresses)
*sellers names*
For the consideration of *$$$* dollars, to them paid by the grantees herein, the receipt of which is acknowledged, do bargain, sell, and convey to:
"Ex mother-in-law"(my grandmother), single, an undivided half interest and to "husband" and "wife",(my father an mother) jointly for their natural lives with the remainder to the survivor of them, an undivided half interest and their heirs and assigns forever, the following described Real Estate, in the city of "Address, location*
__________________
Only one name on the three owners is still living (my mother) yet she has lost control of 50% of the property, as it has been "willed" by "Ex mother-in-law"(my grandmother) to an "organization". This being done in her final will, after she was put in a nursing home, and diagnosed with a degree of dementia.
Much more info is involved, and would be glad to post it if needed
 
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justalayman

Senior Member
The ownership was 1/2 grandmothers and 1/2 your mother and father. Since your mother and father were joint tenants, when your father dies, your mother assumed his claims to the property. Your grandmother can do what she wants with her share.

If somebody believes grandmother was not capable of changing the will, they need to contest it.
 
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latigo

Senior Member
my mother has lost control of 50% of the property
YOUR MOTHER NEVER HELD “CONTROL” OVER MORE THAN “50% OF THE PROPERTY”! So what’s the beef?

Much more info is involved, and would be glad to post it if needed.
Fine, how about these for starters:

Where and how does your peculiar coinage, “ex mother-in-law” fit into the mix? Former mother-in-law of whom? Whose grandmother? Which of your mother and father was her issue? Or was she a grandparent of one of your parents?

If grandma’s testamentary gift to the “organization” were to be defeated, what becomes of the half your mother never lost because she never owned it?

Obviously you and mother would like to get it, but how? Admittedly there is nothing in the language of the deed establishing rights of survivorship to grandma’s 50% undivided interest.

Does your mother stand to take grandma’s share by intestate succession? Do you stand to take that interest by intestate succession? And if neither of you do, then who would be a party of interest to contest grandmother’s will? A stranger to her estate could not initiate a will contest.
 

tranquility

Senior Member
To the title:
Can You Bypass "Undivided" and Ignore "Survivor"
No. You don't get to "bypass" any words in a deed. That's why lawyers often get other lawyers who specialize in them to write them up.
 

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