Who owns this house now?

[mike spence]

We have a house that was transferred from my grandparents. The deed reads as:

(Dad's name), a married individual, (my name) a single individual, (brother's name), a single individual, as joint tenants with right of survivorship and not tenants in common. (herein called "Grantees")

Both my brother and father have died. My mom is still alive.

I've heard both that it's mine now, and that my mom and I are now owners.

We're in Pennsylvania, if that matters

Thanks

 

[Zigner]

We have a house that was transferred from my grandparents. The deed reads as:

(Dad's name), a married individual, (my name) a single individual, (brother's name), a single individual, as joint tenants with right of survivorship and not tenants in common. (herein called "Grantees")

Both my brother and father have died. My mom is still alive.

I've heard both that it's mine now, and that my mom and I are now owners.

We're in Pennsylvania, if that matters

Thanks

It appears that you own it 100%, but you should get the deed updated to reflect this.

 

[LdiJ]

It appears that you own it 100%, but you should get the deed updated to reflect this.

I agree. If it was really joint tenants with rights of survivorship its all yours now.

 

[mike spence]

Thanks for responses.

The state is taking this place for a highway project. The 'relocation advisor' that's handling our case talked to PennDOT's legal department and they told her that my mom and I are now the owners. Our own lawyer didn't understand this and wondered if the "married individual" part meant something to them. I thought this should be pretty simple, but what do I know?

 

[LdiJ]

Thanks for responses.

The state is taking this place for a highway project. The 'relocation advisor' that's handling our case talked to PennDOT's legal department and they told her that my mom and I are now the owners. Our own lawyer didn't understand this and wondered if the "married individual" part meant something to them. I was left wondering how good our lawyer is. I thought this should be pretty simple, but what do I know?

Get a second opinion from another real estate attorney.

 

[Zigner]

Thanks for responses.

The state is taking this place for a highway project. The 'relocation advisor' that's handling our case talked to PennDOT's legal department and they told her that my mom and I are now the owners. Our own lawyer didn't understand this and wondered if the "married individual" part meant something to them. I was left wondering how good our lawyer is. I thought this should be pretty simple, but what do I know?

The state is trying to strong-arm you. Don't listen to your adversary when looking for legal advice.

 

[FlyingRon]

The "advisor" is almost certainly not an attorney. Further, the state will love to get a quit claim from all people who might want to have an interest. They are only trying to protect their interests (as stated above, not yours or your mothers).

 

[Zigner]

The "advisor" is almost certainly not an attorney. Further, the state will love to get a quit claim from all people who might want to have an interest. They are only trying to protect their interests (as stated above, not yours or your mothers).

On that note, if mike's mom is agreeable, she is free to sign a quit claim - it doesn't change the ownership situation at all.

 

[LdiJ]

On that note, if mike's mom is agreeable, she is free to sign a quit claim - it doesn't change the ownership situation at all.

But is might change who the state cuts the check to, and that adds complications...both tax wise and potentially gift wise.

 

[Zigner]

But is might change who the state cuts the check to, and that adds complications...both tax wise and potentially gift wise.

That's true, and is another aspect to consider.

 

[mike spence]

We would be better off if she wasn't an owner. There's compensation for her as a displaced person who isn't an owner. Plus estate/medicaid reasons.
I've asked this question on another site as well. There, someone said that she is an owner.

I find it hard to believe it's this difficult to get a definitive answer!

 

[Zigner]

We would be better off if she wasn't an owner. There's compensation for her as a displaced person who isn't an owner. Plus estate/medicaid reasons.
I've asked this question on another site as well. There, someone said that she is an owner.

I find it hard to believe it's this difficult to get a definitive answer!

If the house is TRULY titled only as "Joint Tenants with Right of Survivorship", then the last remaining/living person on the title is the sole owner. That is clear in the law.

 

[mike spence]

My first post is word-for-word what the deed says, except the names, of course

 

[Ohiogal]

Was your father's estate probated? Because your mother had the right to take her intestate share of his property if they were married to one another which means that she would have gotten YOUR father's share of the house. If the deed was never changed to just the OP that could be the conclusion that is being drawn.

 

[mike spence]

I don't know exactly what that means, but no....nothing was done.