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JOINT TENENTS WITH RIGHTS TO SURVIVORSHIP

Jacksonville, FL |

HUSBAND, WIFE, GRANDCHILD ON JOINT TENENTS W/RIGHTS TO SURVIVORSHIP DEED. HUSBAND DIED, WIFE WANTS TO SELL, DOES GRANDCHILD HAVE ANY RIGHTS THAT WOULD PROHIBIT THE SELLING OF HOUSE OR DOES GRANDCHILD NEED TO BUY OUT?

Attorney Answers 4


  1. Grandchild's partial ownership of the property does not give him power to prevent a sale for fair market value. He would have to buy out grandma to control disposition of property.


  2. You need an attorney to review the actual wording on the property. If all parties are in survivorship, them upon husband's death, the wife and the grandchild owned the property by survivorship. That means both parties would need to sell the property together or the interests of one would need to be purchased before a sale could occur.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505


  3. You would need to consult an attorney to see how the deed is worded. Depending on the wording most likely the person that died came off the title and the two remaining people own it equally. Again I would consult an attorney to review the wording though because it is very important to see how it is worded as to how it passes.


  4. http://www.youtube.com/watch?v=qsFnA6y6GA8

    Dennis Phillips is an attorney and financial planner based in South Florida. He is a member of the Florida bar, he holds the nation-wide Series 65 Investment Advisor license, and holds an insurance license in Florida and Virginia. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.

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