surviorship question

[homerj_1]

What is the name of your state? Tennessee

Hello everyone, I need some legal advice. please. my mother added my step-father to her deed with rights of surviorship. and upon his/her death the house is suppose to go to my mothers heirs, the deed states one-half undivided interest in the property and the purpose of this conveyance it to create an estate by entireties between the parties wiht rights of surviorship. to have and to hold the said premises to the party of the second part, his heirs and assigns, forever. My question is this? once my mother pass away and then my stepfather, will my stepfathers, family, (no living children) sisters, and mother be intitled to his part of the house or does it pass to me and my sister, My mother seems to think that his family will be entitled to it and is very upset with this, she told the attorney ( now dead) that she wanted him to be able to live out the rest of his life there and upon his death it was to go to her children, Please Help, my mother is sick and I need to figure this out so she is not so upset thank you for your time, Deb

 

[Dandy Don]

Only a consultation with a real estate attorney can get this figured out and achieve what your mother wants to achieve.

 

[hexeliebe]

According to the information contained in your post and ONLY that information, in the state of Tennessee upon your step-father's death his portion of the estate, the home, will pass to his hiers.

You need a real estate attorney to review the deed and an estate attorney to view the related documents.

 

[homerj_1]

So does that mean he would inheriate the entire house if my mother dies before he does or is her half go to her heirs/children

 

[hexeliebe]

He would inherit his half. Please go see an attorney immediately. I am presently helping someone in Nashville with just this situation and if you don't act now there isn't much chance of ever remedying the situation.

 

[nextwife]

Couldn't she have acheived the goal of having him live out his days there, yet keeping property in her ESTATE by simply granting him a life estate and leaving ownership as it was?

 

[hexeliebe]

Yes, IF she had had an attorney draft the documents.

 

[homerj_1]

She did have an attorney draw up the deed with the understanding that he live out the rest of his life there and upon his death it would go to her children, They had the deed drawed up right after her kidney transplant and she did not have her glasses with her when she signed the deed, everything i put in the previous post came straight of the deed the attorney that drawed it up he is know dead.

 

[homerj_1]

This is word for word minus names as to what the deed says:
This INDENTURE made this 3rd day of feb between Mother,party of the first part and (stepfather), party of the second part.

That for and in consideration of the sum of ten dollars cash, the receipt of which is hereby acknowledged, and the futher consideration of creating an estate by the entireties with the right of survivorship, the party of the first part has granted, bargained, sold, and conveyed, and does hereby grant, bargain, sell and convey unto the party of the second part a one-half undivided interest in and to the following described premises, to wit: (DESCRIBES LOCATION OF PROPERTY)


the purpose of this conveyance is to vreate an estate by the entireties between the parties with the right of surviorship.

with th hereditaments and appurtenances thereto appertaining, hereby releasing all claim to the homestead and dower therein,

TO have and to hold the said premises to the party of the second part, his heirs and assigns, (forever). However an estate by the entireties is hereby created.
And the said party of the first part, herself and for her heirs executors and administrators does hereby convenant with the said party of the second part, his heirs and assigns, that she is lawfully seized in fee simple of the premises above conveyed, and has full piwer, authority and right to convey the same; that said premises are free from all encumbrances excepts taxes, one-half of which are assumed by the party of the second part, and that she will forever warrant and defend the said premises and the title thereto against lawful claims of all persons whomsoever. This conveyance is made subject to valid restrictive convenants and easements, if any record.

In witness, whereof, the said party of the first part has hereunto set her hand and seal the day and year first above written,

That is word for word, read it and tell me what you think? I plan on going to see a attorney but not until 12/22. please read over it and tell me what i need to make sure of when i go and see this new attorney thank you for all the help.

 

[hexeliebe]

What I think is that your mother should have had her glasses on. And my answer stands. Go see an attorney NOW before anything happens to mom that you can't undo later.