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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 90937
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My wife (Linda), mother in law (Catherine) and I (James) co-own

Resolved Question:

My wife (Linda), mother in law (Catherine) and I (James) co-own rental property. It's defined in the deed as Joint Tenants. My mother in law in 72, I'm 62, and my wife is 52. We are all in agreement that if me and wife die before the mother-in-law that the our share will go to our daughter (Jayme). Moreover, my mother-in-law also agrees that when she dies our daughter will inherit the property. Attached is a draft Agreement that we will sign and notarize. My question is this draft binding?

Right of Survivorship Modification Agreement




The property atXXXXXExtension, St Joseph, Trinidad, West Indies is co-owned by Linda Narine, Catherine Narine and James Michael McKinney. This property is in the Ward of Tacarigua in the Island of Trinidad shown as Lot No. 14 on the Plan annexed to the Deed registered as No. 60091 of 1972.

The original structure of the ownership is Joint Tenants as detailed in the Deed showing Linda Narine, Catherine Narine and James Michael McKinney purchased said property.

This agreement modifies the right of survivorship in the event that Linda Narine and James McKinney both die before Catherine Narine. Catherine Narine agrees to give Linda’s and James’ ownership of the above mentioned property to their daughter Jayme Mickaela McKinney at the time of their death. Monies from said property either through rental or sale shall be placed in a trust account for Jayme M. McKinney if she is under 18 years of age. If Jayme is older than 18 years old then she immediately owns her parents’ share of the property. Upon Catherine Narine’s death her ownership in the property shall be given solely to Jayme Mickaela McKinney.

This agreement supersedes Catherine Narine’s final Will and Testament and nullifies any and all objections from all suitors as to Jayme Mickaela McKinney’s ownership of said property and structures atXXXXXExtension, St Joseph, Trinidad, West Indies.



Name: Catherine Narine
Signature: Date:



Name: Linda Narine
Signature: Date:



Name: James Michael McKinney
Signature: Date:
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

First, this agreement would be valid and should be filed with the deed of the property and it would be enforceable. Second, and this is more important, in addition to this document being filed a codicil needs to be done to the will of each owner to specify the same exact thing because it would make it clearer in the event there are any challenges that not only was the survivorship modified, but the wills were intentionally changed as well and thus anyone who tries to challenge the survivorship would have no chance. It makes it much easier in the event of a death for your daughter to make sure she gets her share with little to no litigation.




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Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 90937
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Law Educator, Esq. and 3 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Is there formal protocol to follow when filing the agreement with the property Deed? I have the Deed in my possession as I bought the property outright in 1994.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If the deed is not filed in the land records in Trinidad, it should be to try to prevent anyone from claiming the land. When you file it with the land records you file the agreement with the deed. It needs to be filed with the clerk of land records in the city where the property is located (and admittedly I do not know enough about Trinidad to tell you where it is only that it should be recorded as notice to all about ownership).
Customer: replied 1 year ago.

I just spoke to my wife who said her mother (Catherine Narine) does not have a will. You said," Second, and this is more important, in addition to this document being filed a codicil needs to be done to the will of each owner to specify the same exact thing because it would make it clearer in the event there are any challenges that not only was the survivorship modified, but the wills were intentionally changed as well and thus anyone who tries to challenge the survivorship would have no chance." If she never writes a Will, does the Agreement stand fast?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

In that case, the document you typed above stating it supersedes her will would not be accurate. Also you cannot state in the document that it would supersede any will written in the future.

If there are no wills in place and you remove the reference to the will in the document above, then it is enforceable. I would suggest though to protect your daughter that all of you write wills at the very least to address this property just out of caution to give her ultimate protection and rights to the property.

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