Property willed to child but boyfriend survivorship listed

[drtuten]

What is the name of your state (only U.S. law)? Mississippi
What are my rights as an heir to property in a will by a deceased parent who was under the impression they were the only name on the property. After my mother died and left her property to me in her will, I found out that her boyfriend's name was on the property as survivorship. There is not a deed because the property is financed through the company that originally sold it to her. The company owner told me on the phone that when it was refinanced in 2005 that he was the only one to sign it and that was legal and when she drew up the deed he would be owner. I am also the executor to my mother's will. It was notorized but never filled. In the will she left it so I was due an executor fee in case her medical bills could somehow put a lien on her property. If I haven't any legal title to the land, does it have to be sold to pay me the fee or can I have a lien put on it to pay the fee if her boyfriend doesn't have it? Also I live on the property and her boyfriend lives next door on a different property. If her name is on his property, do I own her half? I need to know if I need to hire a lawyer before I put her will through probate. Thanks.

 

[FlyingRon]

Unless you are talking about a mobile home, you're making incorrect assumptions.

Financing has NOTHING to do with ownership.

There is always a deed. A deed is the ONLY way ownership is changed.

If she deeded the property from herself to herself and boyfriend with right of survivorship, then boyfriend owns property regardless of what the will says.

Being the executor gives you no special status as to ownership. You're not going to be able to "lien" or otherwise extract money
from the property that transferred outside the estate. Absent probate, you are NOT the executor nor entitled to anything.

The rest of the post makes no sense. Your mother should have had better estate planning advice before giving away the property, etc..

 

[latigo]

You narrative is too jumbled and incomplete for anyone here to attempt to answer your questions. You MUST get with a local attorney practice probate law and soon.

Why have you been sitting on mother’s will when the law requires that it be promptly filed upon the death of the testatrix. Your failure to do so could result in personal liability to creditors or others that might suffer a loss because of the tardiness in submitting the instrument to the probate court.

Also whether the will was notarized is totally immaterial as whether it can be admitted to probate.

There is nothing in the Mississippi Code or the statutes of any other state requiring that a notary public must be present at the execution a will!

All Section 91-5-1 of Mississippi Code requires is that if the will is not wholly in the handwriting of testatrix, it must be signed by the maker and witnessed and subscribed by two or credible witness in the presence of the maker.

It is perfectly understandable, but you are clearly at sea on every issue you have tried to present. And you are not going to get the necessary answers from strangers on the Internet.

You need competent legal advice from a Mississippi licensed attorney!

 

[nextwife]

A will cannot override existing ownership.

You need to file the will and start probate if you are named as executor, as to other assets.

You need to obtain a copy of the last deed of record from the register of deeds office.

You will also need an attorney.