Hello;My mother currently has an action before the Supreme Court in Queens,NY.The action involves a fraudulent and forged deed.My question however,concerns the original deed.It dates to 1966.It is signed by my mother and father and my brother and his wife.My father passed away in 1967 and my brother passed away in 2011.It is a standard Bargain deed with covenants against individual and corporate acts,with rights to heirs and successors.That being said,I am receiving conflicting information concerning"Right of Survivorship"I have been told that the manner in which the deed is signed namely,4 signatures that "Right of Survivorship" is automatically assumed.Yet,I have done some researching on the internet and found that "Right of Survivorship" must be specifically stated or added to at a later time ,or a special type of deed should clearly state it.My mother is 94 and is in good health.I have been told that if she were to pass on before the action in court is resolved that the action would cease ,and 100% ownership would automatically pass to her daughter in law.this is the question I present to you .Which is true ,which is false.PS. My mother has made a will naming me as executor and power of attorney.My Mother lives with me in my home
State/Country relating to question: New York
Hello and welcome,What language is included on the deed? It does not anywhere state that title is held with rights of survivorship?
English is the language.The term "Rights of Survivorship" is not stated anywhere on the deed.But as I stated, I was told that the manner in which the deed is signed presumes this.Sounds strange that something this important can be so easily alluded to
I see.Yes, in order for rights of survivorship to apply, the words “as joint tenants with rights of survivorship” must normally be included after the names of the grantees. Survivorship is never assumed typically. Instead, if there are no rights of survivorship indicated in the deed, the property is typically assumed to be held as tenants in common.Tenants in common each have an indivisible share in the property and can devise their interest in their will since rights of survivorship do not apply.Here is a link that provides more information on "rights of survivorship" language:http://www.nyrealtylaw.com/Real-Estate-Law-Blog/2007/January/Joint-Ownership-of-Real-Property-in-New-York.aspxHere is a link that discusses tenants in common:http://www.ehow.com/info_8460808_tenants-common-new-york.html
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Thank you and all the best to you,
Thank you Tina for your response.Your answer leaves no doubt that what I have been told concerning the manner in which the deed is signed implies "Right of Survivorship" is incorrect.The problem I now have is that the individual who stated this to me and told that if my mother passes before her daughter in law that 100% would go to her and that the legal action would be dismissed,sorry for the run-on sentence, is my own attorney handling this matter!!I believe a "talk' with him is appropriate to say the least,would you not agree?
Yes, it appears your attorney is mistaken about this property law issue. I don't know what type of law he practices, but he should be set straight on this as rights of survivorship is never implied by law typically.Good luck to you and take care.
Thank you Tina. Would you be surprized if I told you he is a real estate attorney?A long time friend which makes this fact even more difficult for me to address,but I have no choice.Thank you;
Yes, that is shocking Wesley. This is pretty basic property law. If you have suffered damages as a result of the faulty advice, you may wish to consult with a legal malpractice attorney.
15 years of legal experience including real estate law.
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