I OWN HALF OF MY MOTHERS CONDO SHE OWNS THE OTHER HALF WE ARE BOTH ON THE DEED. WHAT HAPPENS IF SHE PASSES

Asked about 2 years ago - Pembroke Pines, FL

THE CONDO IS PAID IN FULL. I AM WORRIED I WILL HAVE TO PAY A TAX ON HER HALF IF SHE PASSES AND WHO WILL OWN THE OTHER HALF?

Attorney answers (3)

  1. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The answer to your question depends on how you and your mother own title (tenants in common or joint tenants with the right of survivorship or life tenant and remainderman). You should have you deed reviewed by an experienced real estate lawyer in your area. Your lawyer can answer your questions and advise you how to proceed after reviewing your deed.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  2. Roland D. Waller

    Contributor Level 6

    1

    Lawyer agrees

    Answered . Without reviewing the actual deed it is difficult to say. If the deeds states something like joint tenants with right of survivorship, ownership of the condo would pass to you in the event of your mother's death. It would be best to have your deed reviewed by a real estate attorney who can best advise you as to what will happen as the property is currently titled and what if anything should be done in order to protect you in the event your mother passes. Chip Waller is a board certified real estate attorney and would be happy to review the deed for you and advise you accordingly. Thank you for contacting Waller & Mitchell and best of luck!

  3. Lawrence Jay Davis

    Pro

    Contributor Level 13

    Answered . You are asking two questions. First no tax would be due upon her death so long as her estate is valued below the Federal estate tax threshold. Second, if title is held as "joint tenants with right of survivorship" her death would result in you being the sole owner. If those words are not on your Deed, her share of the property would be distributed pursuant to her Will, if she has one, or through intestate laws. You should consult with an experienced Florida attorney in your area.

    Answers to questions on this site are not intended to be specific legal advice nor create an attorney-client... more

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