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 your grandfather was a joint tenant, he needed to sign the deed to remove his name. Without his signature, your father's action may not have been valid unless he had power of attorney. If a valid joint tenancy with his wife was created, then his share would pass to her automatically, bypassing intestate laws.
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