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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?

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Attorney answers 4

Posted

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.

Barry A. Stein

Barry A. Stein

Posted

This is not an accurate statement in Florida. The survivorship ownership does prevent ability to sell property. A partition action may need to be filed to clear title. There is not requirement that one joint tenant has to buy out the other. Just thought you should know Florida law on this topic.

Patrick X Amoresano

Patrick X Amoresano

Posted

I appreciate your comment Barry, but I think we are splitting hairs here. Whether in Florida or New Jersey, neither survivor can prevent the other from selling his interest in the property. If I'm a survivor and sue for partition, either the entire property must be sold, or the other party must purchase my interest, yes? Isn't this the law in Florida?

Barry A. Stein

Barry A. Stein

Posted

Yes, rue. But for the lay person, the grandchild can prevent a contract from being completed unless a lawsuit is filed. They do have the power to prevent a sale for fair market value.

Patrick X Amoresano

Patrick X Amoresano

Posted

Fair enough. Best of luck.

Patrick X Amoresano

Patrick X Amoresano

Posted

Fair enough. Best of luck.

Barry A. Stein

Barry A. Stein

Posted

You too. Have a good weekend. If I have medical malpractice stuff, plaintiff?, you handled that in NJ?

James P. Frederick

James P. Frederick

Posted

That would be the case in Michigan, as well. We have common law that provides that a property with survivorship interests cannot be partitioned.

Patrick X Amoresano

Patrick X Amoresano

Posted

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Barry A. Stein

Barry A. Stein

Posted

Huh? Sorry I am not a facebook person. Thanks for passing it on.

Patrick X Amoresano

Patrick X Amoresano

Posted

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Patrick X Amoresano

Patrick X Amoresano

Posted

Barry - Not sure how or why you got my facebook invitation through Awwo. Sorry. Patrick X. Amoresano, Esq. doingjustice.com 201-704-2280 The contents of this message, together with any attachments, are intended only for the use of the individual or entity to which they are addressed and may contain information that is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender immediately (201-704-2280) and delete this message, along with any attachments, from your computer. Thank you.

Patrick X Amoresano

Patrick X Amoresano

Posted

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Patrick X Amoresano

Patrick X Amoresano

Posted

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Patrick X Amoresano

Patrick X Amoresano

Posted

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Posted

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

Posted

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.

Posted

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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