mom on deed

[jackhunter]

my mother and step father were married for 19 years until his recent passing away. in the will it states that my step fathers daugther recieves the house 30 days after his death.the deed is clear and my mothers name is on the deed along with my step fathers name.my mother is also the executor of the will along with the lawyer. can the daughter legally have any rights to possesion of the home with my mothers nane on the will and was it legal for the lawyer to put this clause in the will. need help in pennsylvania

 

[loku]

Form of title?

Your mother's rights depend on the type of title. If your mother's name is on the deed to the house as a tenant in common, then she is part owner and your step father could only leave his part of the house to his daughter. However, if the deed was in joint tenancy with the right of survivorship, no part of the house is subject to the will and your mother would take the entire house at the time of death.

It was legal for the lawyer to put the clause in the will, but it may or may not have any validity depending on the type of title, as discussed above.