tennants in common

[Andersen]

New York My two sisters and I were placed on the deed on my mother's house as tennants in common. A life estate was held by mother and sister now both deseased. My question is who has control of the property as far as selling it. Can my deseased sister's heirs hold up the sale of the house. She leaves a husband and four children. One of the children is living in the house now, supposedly paying the taxes on it. What exacty are her rights.....

 

[handmeDN]

This is what was sent to me from my Suit! Please verify with local state laws to this statement; Hope this helps ! handmeDN


Tenants in Common: property owned by two or more persons at the same time. The proportionate interests and right to possess and enjoy the property between the tenants in common do not have to be equal. Upon death, the decedent' s interest passes to his/her heirs named in the will who then become new tenants in common with the surviving tenants in common. Words in the deed such as "Peter, Paul, John and Mary as tenants in common" establishes tenancy in common.

 

[Pfaffing85690]

What does your sister's will (if any) state?

And what, if anything, do you wish to happen with this property?

 

[JETX]

tenancy in common
n. title to property (usually real property, but it can apply to personal property) held by two or more persons, in which each has an "undivided interest" in the property and all have an equal right to use the property, even if the percentage of interests are not equal or the living spaces are different sizes. Unlike "joint tenancy," there is no "right of survivorship" if one of the tenants in common dies, and each interest may be separately sold, mortgaged or willed to another. Thus, unlike a joint tenancy interest, which passes automatically to the survivor, upon the death of a tenant in common there must be a probate (court supervised administration) of the estate of the deceased to transfer the interest (ownership) in the tenancy in common.

 

[Andersen]

New York..... Want to thank you all for your responeses......... My sister did not have a will. She leaves an infant daughter, a new husband, 13 year old boy who is with his natural father, a 25 year old son and 22 year old daughter. The daughter is the one staying in the house right now........I would like to sell the house and distribute the money according to law.....What I would really like to know is do we need everyone's permission to do this. It seems to me if that is the case the house will never be able to be sold and my niece will be able to live there forever. Would appreciate any advice you can give. Thank you again.....

 

[Pfaffing85690]

Now we get to the real issue. And, as Jet will also tell you, the word you are looking for is PARTITION.

Go see a real estate attorney in your town and get started.

 

[Andersen]

Thank you so much

 

[Pfaffing85690]

And of course, you're welcome