Full question:
My father and grandfather owned 5 acres as joint tenants with right of survivor ship. Two months before my grandfather passed away, my father conveyed the 5 acres by quitclaim deed, adding his wife to the deed, as joint tenants with right of survivor ship, removing my grandfather___s name from the deed. There is no indication of agreement, signature, etc. from my grandfather. Did this action by my father create a new joint tenancy with right of survivor ship between him and his wife? Or did the act of conveying to a third party terminate the joint tenancy and create a tenancy in common between him and his wife? My father died recently, intestate. He has 4 children from a previous marriage. Are his children entitled to inherit from his estate according to Oklahoma___s Intestate laws, or according to the joint tenancy with right of survivor ship between him and his wife?
- Category: Real Property
- Subcategory: Joint Tenants
- Date:
- State: Oklahoma
Answer:
If the grandfather was named as a joint tenant with right of survivorship, his signature would be needed to remove him from the deed, unless the father had his power of attorney to transfer the property as his agent. We suggest you consult a local attorney who can review all the facts and documents involved. If he created a valid joint tenancy with his wife, his share would automatically pass to her outside the intestate distribution laws.
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.
