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Title Intrest Transfer?

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yohoddle

Junior Member
Mississippi

My father, his bother and sister have a land deed titled to them reading: That they have a 1/3 undivided interest as co-tenants and not as tenants in common with rights of survivorship. Question- Can my father sign over his 1/3 interest to me without his brother and sister's consent?
 


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seniorjudge

Guest
That they have a 1/3 undivided interest as co-tenants and not as tenants in common with rights of survivorship.

Give us the exact wording on the deed. This wording is nonsensical.

Q: Can my father sign over his 1/3 interest to me without his brother and sister's consent?

A: Probably yes, as long as pa is competent.
 
Y

yohoddle

Junior Member
seniorjudge said:
That they have a 1/3 undivided interest as co-tenants and not as tenants in common with rights of survivorship.

Give us the exact wording on the deed. This wording is nonsensical.

Q: Can my father sign over his 1/3 interest to me without his brother and sister's consent?

A: Probably yes, as long as pa is competent.
Click to expand...
Reads- conveyed and warranted to dad, brother, sister as joint tenants with full rights of survivorship and not as tenants in common, grantors reserve life estate.
 
S

seniorjudge

Guest
yohoddle said:
Reads- conveyed and warranted to dad, brother, sister as joint tenants with full rights of survivorship and not as tenants in common, grantors reserve life estate.
Click to expand...
Whoever has the life estate is the life tenant. If that person is dead, then dad, brother, and sister own as joint tenants (i.e., if one of them dies, the other two get the dead person's share).

If pa conveys to you, that destroys the joint tenancy and y'all would hold as tenants in common (i.e., if one of them dies, his share goes to his heirs, not to the other two tenants, unless, of course, they are the dead person's heirs).

Get a real estate lawyer to help you. This explanation is very general and very simplified and may not take into account all of your state's real estate laws.
 
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