Right of survivorship

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Icon Mini Profile jerry
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Post Posted: Tue Jan 12, 2010 3:16 am    Post subject:
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Hi Ashley,

Your ex cannot take you off the property deed until you sign over your ownership to him. You are a legal owner of the property as you are listed on the title. The right of survivorship makes sure you can take over the entire ownership after your ex dies. But in any case, your ex will not be able to take your name off the title. In case he does that without informing you, it will be considered as a fraud and you can take legal action against him.

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Jerry
Icon Mini Profile gmakerley
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Post Posted: Tue Jan 12, 2010 7:30 am    Post subject:
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ashley, you'd be well advised to engage an attorney to assist you. i know you said you aren't working, but there is legal aid out there that may well be available to you. check into it, at least. call united way, or social services where you live - they can assuredly help you. he cannot force you to vacate the home. your ownership gives you full right to live there. that's not to say he can't make you uncomfortable, but that's another reason to be sure you know all of your rights, and social services or an attorney (or both) can help you with that. this is obviously a tense situation, so be careful and tread lightly.
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Post Posted: Mon Feb 22, 2010 4:05 pm    Post subject: capital gains
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My husband's mother owned a house in Florida, She acquired this house from her 2nd husband (this was not my husbands dad) when he died in 1985.
In 2004 she put my husband on the deed, as joint tenants with right of survivorship. The mother died in 2006, and the will also said everything goes to my husband. We never lived in this house (we live in another state) and cleaned out the house and sold in Jan 2009, How do we figure capital gains?? When she passed we got a appraisal to be done for 2004 and 2006
Icon Mini Profile gmakerley
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Post Posted: Mon Feb 22, 2010 9:36 pm    Post subject:
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i believe you ought to take that question to a tax advisor directly; you can also counsel, of course, with irs itself.
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Post Posted: Wed Mar 17, 2010 4:17 pm    Post subject: will versus survivorship
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I received half of 4 acres from my father's will. it has been through probate. My mother and brother did not contest the will. My brother has since the end of the will's probate currently trying to say that I am not elegible for the property. He is saying that the property deed has survivorship(my mother & fatherowned it together
and I have no right to the half of the property. Can you clarify--does survivorship overide the will? Question
Icon Mini Profile jenkin7
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Post Posted: Wed Mar 17, 2010 10:40 pm    Post subject:
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Hi chase,

The probate process has been over and you have been given the half of the property. If your brother had any problem, he should have contested the will. If your mother is listed on the property deed as joint tenant with right of survivorship, she does have a right to the property. But you haven't taken her share of the property; you have received your father's share of the property which he left for you in his will. Your father had the right to transfer his share of the property to whoever he wanted. The right of survivorship would never have prevented him from doing so. Thus, you are the rightful owner of the half of the property.
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Post Posted: Fri Mar 19, 2010 1:29 pm    Post subject:
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that's a well-written answer, jenkin7.
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deborah bains

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Post Posted: Fri Aug 13, 2010 3:58 pm    Post subject: right of survivorship
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My husband and his brother signed papers as right of survivorship several years ago on a house in Florida that their mother owned. After that, she wanted to get a line of equity loan but had to have their signatures. Are the sons responsible for the remaining balance owed from the line of equity?
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Post Posted: Fri Aug 13, 2010 10:31 pm    Post subject:
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Hi deborah,

A query similar to yours has been replied in the given page:
http://www.mortgagefit.com/florida/survivorshiprights-equityloan.html

Take a look at it. Hope it helps you.

Thanks
Vijay Rajan

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Post Posted: Tue Sep 28, 2010 5:51 pm    Post subject: Will v. Survivorship
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A owns property X in survivorship with B in Maryland. If A, by a properly executed Will, bequeathes her share in X to C and dies, who will inherit A's share? B or C
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Post Posted: Wed Sep 29, 2010 12:53 am    Post subject:
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Hi Vijay,

The survivorship deed as well as the will of person A will come into affect after his death. In such a situation, the will would be given importance as it was drafted later on. Thus, C will get A's property. Nevertheless, it would be better if B and C can contact an attorney and take his opinion in this matter.

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Method

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Post Posted: Wed Oct 13, 2010 8:38 am    Post subject:
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My girlfriend and I plan on buying a house along with her elderly father. He will be putting money down on the house and we were thinking that all three names be on the mortgage. I currently own my own home. Two questions,
1. What procations should we take incase he would pass?
2. What procations should I take if we end up breaking up?
Icon Mini Profile Niicss
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Post Posted: Thu Oct 14, 2010 2:50 am    Post subject:
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If your girlfriend's father dies, then you and your girlfriend will have to refinance the mortgage in your names to remove the deceased person. If both of you break up, then the person who keeps the property will have to refinance the mortgage in his or her name.
Method

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Post Posted: Thu Oct 14, 2010 6:34 am    Post subject:
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Understandable, I guess I was looking more for any additional actions we or I should take ahead of time that would lessen a bad situation. For example, I sell my current house that doesnt have a lot of equity and we move in together. Something happens and we split, I would be out of a house and lost any money put into the new house. I am just not that knowedgable about steps to take for my best interests if things go sour. Or if her father passes, would his portions have to be willed to her or would we have to pay taxes on his portions?
Thanks again.
harriet wood

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Post Posted: Mon Jan 17, 2011 8:18 pm    Post subject: JTWROS property partitioning while divorce pending and no ag
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GA JTWROS property valued 3-4 mil. Hus. wants to divide to give half to
his family. Wife will not agree. Can court break deed? Hus 87, wife 67.
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