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:
This situation involves a contract for sale, which is different from the property deed. The contract may state that the parties, along with their heirs, are responsible for payments, but ownership is determined by the deed recorded at the county recorder's office. If your mother's name is on the deed, it could indicate joint tenancy with rights of survivorship, meaning her share would automatically go to the surviving joint tenants. If she was a tenant in common or sole owner, her share would pass through probate according to state intestacy laws since she died without a will. The heirs determined by probate would inherit her share. A fiduciary deed may be needed to transfer ownership to the heirs. I recommend obtaining a copy of the deed from the recorder's office and consulting a local attorney to review all relevant documents.
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