Do I owe my sister half the money from the house sale?

Full question:

my mother died in feb.her and my name were on deed as joint tenants with full survivor ship rights.there was no will. i sold the house and bouht one in michigan.now my sister says i owe her halkf the money is this true

  • Category: Real Property
  • Subcategory: Joint Tenants
  • Date:
  • State: Florida

Answer:

Your sister would need to be named on the deed to claim any ownership rights. As a surviving joint tenant with full rights of survivorship, you automatically inherited the property after your mother's death. This transfer occurs outside of probate and intestacy laws, which apply when someone dies without a will.

Joint tenancy means that both you and your mother owned the property equally. When your mother passed away, you became the sole owner of the property. Therefore, you are not obligated to share the proceeds from the sale of the house with your sister unless there are other legal agreements or obligations in place.

Joint tenancy is a specific form of ownership where the surviving tenant automatically inherits the deceased tenant's share. This arrangement avoids probate but does not prevent the property from being part of the taxable estate of the deceased. It's important to consult with a legal expert if you have concerns about any claims your sister may make.

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.

FAQs

A deceased person's name can remain on a house deed until the property is transferred to the heirs or sold. In cases of joint tenancy with rights of survivorship, the surviving owner automatically inherits the property, and the deceased's name may be removed from the deed shortly after their death. However, if the property is not transferred or sold, the name may stay on the deed indefinitely until action is taken. It's advisable to consult a legal expert for guidance on updating property deeds.