Full question:
My mother and I are owners of a house. I make all the payments and I am the primary. Do I need a will so my siblings can't claim her half if my mother passes before me?
- Category: Real Property
- Subcategory: Joint Tenants
- Date:
- State: National
Answer:
The answer to your situation depends on the form of ownership. You may own as a tenant in common or joint tenants, depending on the language in the deed. When one joint tenant dies, his (or her) interest goes to the remaining joint tenant.This is called the "right of survivorship." This characteristic prevents an interest held in joint tenancy from being conveyed by will.
A tenancy in common, on the other hand, conveys no right of survivorship. When one co-tenant dies, the interest of the defunct co-tenant forms part of his or her estate and can be conveyed to a next-of-kin.
If a tenant in common wishes to will her separate interest to a third party, the other tenant's will can't deny this right.
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.
