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Survivorship and Wills

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maxcow

Junior Member
New York State

I have a question pertaining to real estate and survivorship. I currently share survivorship on a house deed with my 'step-father' - my mother lived with this gentleman for 20 years, but they actually never married. She recently passed away in March. To protect her interests in the home, all she has invested in it, she asked that I be put a survivor on the home before she died. This way, she felt, all her investment would not be lost and something would be left for her family.

The problem is that since my mother passed, my step father's daughter has been snooping around - she has a bad track record of committing id theft and 'tricking' him to alter his will in the past.

My question is this - is there any way that, since my mother and him never actaully married, that his daughter can contest the surivorship of the property in the event of his death?

Also, can a will be used to transfer this propery upon his death to another indivdual.

This woman has a bad track record - committing ID theft and charging more than 20,000 in credit card debt in his name without his knowledge, having him unkowingly sign his estate over to her under false pretenses etc. My fear is that her sudden reentry into his life after my mother's passing is not coincidental, and I want to protect our interests, and all my mother invested in this property. Over the 20 years she resided there, she funded most of the improvements etc.

Any insight would be appreciated.

Thank You.
 


maxcow

Junior Member
Hi Nextwife. Thanks for replying.

As I am new to all this property law, I am not sure what you are referring to when you ask how it is title.

It is a Bill of Sale.

It render Joint Tenacy w/survivorship rights.

Thanks.
 

nextwife

Senior Member
maxcow said:
Hi Nextwife. Thanks for replying.

As I am new to all this property law, I am not sure what you are referring to when you ask how it is title.

It is a Bill of Sale.

It render Joint Tenacy w/survivorship rights.

Thanks.
Look at your copy of the last recorded deed (do you have an executed UNRECORDED deed?). In the space in which the Grantee or Buyer is named, WHO is granted Joint tenancy w/survivorship rights? You and mom's boyfriend together, or mom and boyfriend?
 

HomeGuru

Senior Member
maxcow said:
Hi Nextwife. Thanks for replying.

As I am new to all this property law, I am not sure what you are referring to when you ask how it is title.

It is a Bill of Sale.

It render Joint Tenacy w/survivorship rights.

Thanks.

**A: if the title instrument is a bill of sale, then the property is not considered real property. Therefore the post does not belong in the real estate law forum.
 

maxcow

Junior Member
nextwife said:
Look at your copy of the last recorded deed (do you have an executed UNRECORDED deed?). In the space in which the Grantee or Buyer is named, WHO is granted Joint tenancy w/survivorship rights? You and mom's boyfriend together, or mom and boyfriend?
------------------------------------------------------------------------

Hi Nextwife,

It is titled Warranty Deed and it reads:

Between Step Father, residing at xxxxxxxxx, and mother residing at xxxxxxxxx,
Parties of the first part, and

Boyfriend, residing at xxxxxxx, and Myself, residing at xxxxxx, as joint tenants with right of survivorship.

Witnesseth: That the parties of the first part, in consideration of ONe and 00/100 Dollars, lawful oney of the US, and other good and valuable consideration paid bu the parties of the second part do hereby grant and release unto the parties of the second part, their heirs and assings forever.

It then goes on to describe the parcels of land.

The Deed is notorazied, signed by all parties, and has been recorded at the county level.

It is not a bill of sale - my mistake.
 

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