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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36614
Experience:  16 years real estate, Realtor. Landlord 26 years
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My deceased father (passed away aug 2014) had a will leaving

Customer Question

My deceased father (passed away aug 2014) had a will leaving his homes to his 7 children. To avoid probate, he added my sister (a real estate agent) to his 2 house titles so that she could take care of paperwork after he died. While in hospice, she convinced him to take out a partial mortgage on his primary residence to buy an adjoining property with a couple of rentals on it - she asked my brother to co-sign the loan. Now she won't sell or buy the house, and it has been two years. Can she keep the house for herself?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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When she was added to the deeds, if it was as a "joint tenant" along with father, then legally the instant father passed, she became the sole owner of the houses. Since she would be the sole owner, they are not in father's estate and not subject to his will.

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So she basically talked father into giving her the two houses completely if she was listed as a joint tenant on the deed. To know for sure, you would need to get copies of the deeds to the houses and read them, but if she is a real estate agent, this is almost certain..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 8 months ago.
When she took out a mortgage on the primary residence with my brother as co-signer -- the primary residence would now be owned by both of them, correct?
Expert:  Barrister replied 8 months ago.

No, not necessarily. A co signer is just agreeing to be liable for the debt if the primary defaults. They aren't necessarily an owner. She would have to have put him on the deed for him to be an owner.

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So I suspect that he is just on the hook if the loan goes bad but is not on the deed as an owner...

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thanks

Barrister

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