Full question:
My sister, her husband, and my mother bought land together. It was not stated that they were tenants in common or with rights to survivors. This was a private seller, no bank involved. However, in paragraph 10 of this agreement it states 'this contract shall be binding on the respective heirs, executors, administrators and successors of the parties.' My mother died in 1997 without a will. My mother has 6 others survivors and my sister who is on the original contract along with her husband. We thought they would sell and distribute the funds from the sale equally as my mother had told the rest of us that is what she wanted them to do, but they are contending that they paid it off after my mom passed away so they own it outright and have since used it as collateral to purchase a business and homes. Do we have any recourse?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Florida
Answer:
It sounds like you're referring to a contract of sale, rather than the deed on the property. The responsibility for payment for the property is a separate issue from the ownership of the property. For example, a contract for sale may specify that various parties, as well as their heirs and assigns, are responsible for paying for the purchase of real property, and that upon full payment, the property will be deeded to other persons who are not the parties named as responsible for payment.
The current ownership of the property will be determined by the names on the deed that's recorded at the recorder's office in the county where the property is located. If the mother's name is on the deed, the deed may state that she is a joint tenant and the other tenants have a right of survivorship. In such a case, the surviving joint tenants will inherit her share of the property without the need to go through probate. If the mother is named on the deed as a tenant in common or sole owner, her share of the property will pass in the probate process to her heirs as determined under state intestacy laws. A fiduciary deed may be used to transfer the inherited shares to the heirs determined by the probate court.
It is possible that another contract exists between the mother and other heirs to transfer her ownership upon the making of specified payments. I suggest you contact the recorder's office to obtain a copy of the deed, and have a local attorney review all the facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
