Posted: Fri Aug 14, 2009 5:13 pm Post subject: Undoing a joint tenancy
I have a question regarding undoing or reversing a joint tenancy. My mother who is non US resident and resides outside of US singed joint tenancy Quit claim deed a few years ago with assistance of attorney in the US. My mother and I did not know that joint tenancy results in losing half of her interests, and after her death, losing all of her property. When signed without being informed these important outcomes, can she "undo", "withdraw" or "reversed" the past joint tenancy Quit claim filing without the other party's signature? _________________ Need help choosing the right loan? Get free consultation from community lenders/consultant
If your mother's property deed states that she has joint tenancy with right to survivorship, then it means that, after her death, the other person on the property would automatically get her share of the property. She can definitely reverse the deed but she will also have to inform the other person on the deed. As far as her share of property in the deed is concerned, she can transfer it to anyone. _________________ Procrastination is the enemy of your financial sucess
A deed is subject to contractual requirements for capacity. If she made a mistake or was misled, she may be able to undo the deed. However, your mother must file a lawsuit against the joint tenant and get a judgment. _________________ Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
sdbs Guest
Posted: Thu Aug 20, 2009 2:53 pm Post subject:
Adonis and Jheard, thank you very much for your advices.
I asked three lawyers here in Southern California, but all of them told me this is not the case they would take and find another lawyer.
My mother who lives outside of the US signed the Joint tenancy deed with her daughter who also lives outside of the US. Both of them do not understand English. My mother only wanted to register someone as heir, not someone who "shares" the property. There was miscommunication between the attorney who prepared the document of joint tenancy and her.
Could any of you refer me a lawyer in Southern California area who can help my mother? If she files the lawsuit against her daughter, do both of them need to come over to the US? If they can not, what will happen?
A real estate attorney will be the best person to help you in filing a lawsuit against the joint tenant. You can also check out the given page to get information regarding South Carolina real estate attorneys:
"http://www.lawyers.com/Real-Estate/South-Carolina/law-firms.html"
Both of them will have to come over to America if a lawsuit is being filed. The real estate attorney will help you in knowing whether or not their presence is mandatory. _________________ Procrastination is the enemy of your financial sucess
adonis
