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Intent to switch deed

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K

klimkm

Guest
What is the name of your state? Illinois
My Grandma died end of January. Per stipulations in her will, her house passed to my mother and her sister. The house was deeded as tenants with rights of survivorship. My mother had cancer at the time but was expected to last quite a while. In the meantime, the house was on the market. My mother took a turn for the worse and was diagnosed as not being able to survive much longer. It was recommended that the deed be switched to tenants in common in order to have her children (us) get the proceeds for her half of the property when it was sold. This was agreed to by my aunt (her sister). The paperwork for this switch was completed by the lawyer, but my mother never saw the paperwork, she died that day. The switch to "tenants in common" was never made, the papers were never signed by her. This was in May.
Three weeks after my mother's death, my aunt received a bid on the house (so I am told). My aunt closed on the property is not going to give us any money from the estate.
Can we sue my aunt for my mother's half of the estate because my aunt agreed to sign the papers and intended to split the estate monies with us.
Does intent mean anything in the law? Or are we out the money? I know, this is a weird situation...

Please advise.
 


C

cclovins

Guest
Check your Mothers wil, If she has willed her interest of the property to her childrens that would be legal. You see a surviorship clause is only good when one is dead. But you can do what ever you want with 1/2 or so interest you have while alive in a piece of property. Lots of folks don't understand this is, as I didn't.
So if your mother willed her interest in the house to you you have rights to the money, If not you have ZERO.
 

evileyes

Member
this is for cclovins

can you explain that some more ? father has home with girlfriend (rights of surviorship) but will says that he leaves all rest, residue, and remainder of my estate whether real or personal,i will, bequeath and devise to my child. will was made before house purchase. have been told she automatically gets the house. not sure if joint or common tenant
 

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