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Survivors Rights

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Don H

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Post Posted: Wed Oct 21, 2009 2:49 pm    Post subject: Survivors Rights
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My wife co-signed a note with her grandmother 12 years ago, enabling her grandmother to regain possession of her home from her daughter and son-n-law.
The deed is in both my wife's and her grandmother's name with rights of survivorship. Her grandmother had to be placed in a nursing facility 4 months ago, she is 94 years old.
Can my wife's mother or aunt, her grandmother's two living children, challenge the deed after her grandmother passes away ? The home needs extensive work done on it, approximately $15,000.00 with the house valued at $25,000.00, which is the reason for my question.

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Icon Mini Profile thewretched022





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Post Posted: Wed Oct 21, 2009 7:07 pm    Post subject:
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This is really a question for a solicitor, but from the information you've given it seems like your wife should be ok
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Icon Mini Profile smithsussane
smith.sussane




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Post Posted: Wed Oct 21, 2009 7:48 pm    Post subject:
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Hi Don H!

Welcome to forums!

Your wife's mother or aunt cannot challenge the deed when the grandmother passes away. The deed must have been recorded at a county recorder's office. Your wife would be the sole owner of the property when the grandmother passes away.

Feel free to ask if you've further queries.

Sussane
SteveDNewman

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Post Posted: Mon Apr 11, 2011 6:04 pm    Post subject: survivor right
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after my dad passed away mom married dad's brother inlaw my ant passed away befor dad.mom passed away 3 yr' ago and my uncle stayed in mom & dad house. he said he had survivor right . he has a house in mo'. mom left her house to me & my sister . the deed is in our name.is he right & can he keep me & my sister out of the house & off the land
Icon Mini Profile smithsussane
smith.sussane




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Post Posted: Mon Apr 11, 2011 9:58 pm    Post subject:
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Hi SteveDNewman!

Welcome to forums!

If the property deed is solely in your name and your sister's name, then your uncle does not have the rights to stay in your property. You should contact a real estate attorney and check out what actions you can take in this regard.

Feel free to ask if you've further queries.

Sussane
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