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joint tenants with rights of survivorship gone sour

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rocko Guest	Posted: Sat Dec 13, 2008 7:09 am    Post subject: joint tenants with rights of survivorship gone sour Like 0 Dislike 0 My aunt had my grandpa sign a quit claim deed and put her on the house...joint tenants with rights of survivorship. My Grandpa is elderly and did not realize this meant leaving my mother out of everything! is there ANYTHING that can be done? Apparently my aunt was planning this all along so SHE would get the entire house instead of sharing it with my mom when he passes! So she refuses to cooperate. Is there anything my grandpa can do without her signature? Can he even sell or give away his part to another family member without her signature? Thanks!!!!! _________________ Need help choosing the right loan? Get free consultation from community lenders/consultant
rocko Guest	Posted: Sat Dec 13, 2008 7:10 am    Post subject: Florida Like 0 Dislike 0 I forgot to put...this is in Florida
smithsussane Joined: 18 Sep 2008 Posts: 10439 Location: Alaska 985.83 Dollars($)	Posted: Sun Dec 14, 2008 7:25 pm    Post subject: Like 0 Dislike 0 Hi rocko! Welcome to forums! As far as I know, a joint tenant while alive can transfer his/her share of property to someone else. In that case, however, new owner will not be joint tenant. However, to be on the safer side, your mother can consult an attorney even. Feel free to ask if you have further queries. Sussane
Rocko Guest	Posted: Mon Dec 15, 2008 7:22 pm    Post subject: Thanks! Like 0 Dislike 0 Hey Sussane! Thanks for answering. If the new owner would not be a joint tenant, what would they be? Thanks again! Rocko
adonis Joined: 22 Oct 2005 Posts: 10562 Location: ALASKA 1089.18 Dollars($)	Posted: Tue Dec 16, 2008 12:41 am    Post subject: Like 0 Dislike 0 Welcome Rocko, As far as I know, the new owner will just be a tenant in common. _________________ Procrastination is the enemy of your financial success
Guest	Posted: Tue Dec 16, 2008 5:35 am    Post subject: Like 0 Dislike 0 It is complicated, but here is how I think it works. If the grandpa signs his interest over now to the mom to try to give each daught 1/2, that interest would go away at his death because the aunt has a survivorship interest that she hasn't conveyed. In order to get both daughters an equal share as a tenant in common, the aunt will have to sign. However, if the grandpa wasn't competent at the time the quitclaim deed was signed, then this transaction can be set aside by a court. A lawyer should be consulted.
Guest	Posted: Tue Dec 16, 2008 7:06 am    Post subject: Like 0 Dislike 0 Your grandpa can execute a deed from himself to his daughter and him. This will terminate the joint tenancy and create a tenancy in common with grandpa owning a 1/4 interest, his daughter a 1/4 interest and your aunt a 1/2 interest. A tenancy in common means that there is no longer a right of survivorship, when one of the owners dies the property will pass according to their will.
Guest Guest	Posted: Thu Jan 15, 2009 9:12 am    Post subject: joint tenants with rights of survivorship Like 0 Dislike 0 What was the ownership prior to the quit claim deed? Was your mother a joint tenant? If she was then she had to sign the form too. If she didn't then the quit claim may not be valid.
Dawn Guest	Posted: Tue Jun 02, 2009 6:47 am    Post subject: Deeds Like 0 Dislike 0 My grandma has real estate property with my step mom joint tenants with right to surviorship. my grandma wants me on the deed to protect family farm. how can she do this so if someone happens to grandma the 1838 farm will be protected.
dawn Guest	Posted: Tue Jun 02, 2009 6:49 am    Post subject: deed Like 0 Dislike 0 Does she need permission from other party to do this?
Niicss Joined: 03 Oct 2005 Posts: 4834 Location: New Jersey 508.88 Dollars($)	Posted: Wed Jun 03, 2009 1:37 am    Post subject: Like 0 Dislike 0 Hi dawn A query similar to yours has been answered in the given link: http://www.mortgagefit.com/propertytransfer/about22664.html#99353 Please take a look. I hope it'll help you. Thanks. _________________ Good is the Enemy of Great.
debbie bennett Guest	Posted: Sun Sep 11, 2011 11:05 am    Post subject: joint owner of survivorship what can be done to terminate Like 0 Dislike 0 above
jameshogg Joined: 20 Dec 2005 Posts: 10477 Location: Nevada 990.06 Dollars($)	Posted: Sun Sep 11, 2011 8:34 pm    Post subject: Like 0 Dislike 0 Hi debbie, You need to contact a real estate attorney and he will help you in terminating the contract of joint ownership. Thanks

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