How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
characters left:
5 Estate Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Right of Survivorship Questions

The right of survivorship is a ‘joint tenancy’ contract signed between two or more parties specifying their simultaneous ownership of some form of property. It determines what happens to the property after one of its owners dies. On the demise of one of the joint tenants, ownership of the remaining property passes on to the surviving successors who assert the right of survivorship. This is a powerful legal right, and lack of awareness of his rights as a successor of property may lead to questions. Read below some of the questions that have been answered by Experts.

What is the right of survivorship? What is a warranty of habitability?

The right of survivorship means that the surviving joint owner of a property succeeds to the full interest in the property on the demise/death of the other joint owner. The interest of the deceased party ceases to exist. The warranty of habitability is a guarantee that the property is suitable to live in.

How could an individual be certain of his/her right of survivorship?

Generally a home deed will state both parties as ‘tenants by the entirety’ or ‘joint tenants with rights of survivorship’.

With joint tenancy right of survivorship in Florida, can one of the parties transfer his/her half to another party and sever the joint tenancy?

It is possible for one of the parties to transfer their half to another party by filing a written declaration of their intent to sever the joint tenancy. This form will need filed with the county recorder’s office where the property is located. The execution of a new deed reflecting the severance may also be required. The forms could probably be collected from the local recording office or an attorney could draft the severance for the individual to file with the court. A person can obtain the forms at the local recording office and file themselves. The other option would be to hire an attorney to file the forms for them.

If one of the ‘joint tenants’ for life with the right of survivorship does not pay his/her share of the bills, can he/she be terminated from the right of survivorship?

As a joint tenant owner, they will be obligated to pay half of the ongoing bills. This would include all maintenance of the property. If this obligation is not upheld, the joint tenant could file a claim to try and recoup those costs. Often this could end in a judgment and a lien placed on the interest and 100% ownership of the property is regained.

If the owner of one third of a property with a right of survivorship signs a quick claim deed to another party, on his demise, can the family of the third party get any part of the property? If someone owns 1/3 of a property with right of survivorship, signs a quick claim deed to another party, if the owner passes away, does the family of the deceased have any right to the property in whole or in part?

A joint tenancy deed with a right of survivorship will pass the person's interest upon death to the other person named in the deed if this arrangement is specified in the deed.

If one of the joint tenants with the right of survivorship on the deed of a house dies with credit card debt, will the successor have to pay up the debt?

The successor will not need to pay off the credit card debts unless the creditors file a claim against the estate of the deceased and if the estate has money to pay off the debts.

Though a joint tenancy deed with a right of survivorship is good, on the demise of one of the joint tenants, the surviving tenant may not be aware of his rights. When one is not aware of his rights, questions may arise. Many times a quick question to an Expert could prove to be beneficial.

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
characters left:
5 Estate Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Estate Lawyers are online & ready to help you now

Thomas McJD
Attorney
Satisfied Customers: 3076
Wills, Trusts, Probate & other Estate Matters
Infolawyer
Attorney
Satisfied Customers: 3781
Licensed attorney helping individuals and businesses.
Barrister
Attorney
Satisfied Customers: 2188
13 yrs estate law, real estate. Wills/Trusts/Probate

Recent Survivorship Questions

  • My husband is terminally ill. He recently sold several properties

    My husband is terminally ill. He recently sold several properties
  • I was the legal guardian for my mother , the document was notarized

    I was the legal guardian for my mother , the document was notarized and one witness and my mother signed it. My mother passed two months ago and the Warranty Deed to the condo I live I n states I am tenant in common. I have 1/3 ownership outright but the other 2/3 is split with heirs from my mother and aunt . All three if us own 1/3 . Can I automatically assume the 1/3 if my mother's side as legal guardian or do I still have to split it with my brothers heir ;he also passed)
  • My father passed in early October in Pinellas County Florida He

    My father passed in early October in Pinellas County Florida
    He has a Revocable Trust and a Will
    He also has a prenuptial agreement stating that: all property is separate, mutual release of claims during marriage or divorce, Mutual release of claims in the event of death.
    “In the event one parties dies, the survivor waives and releases all claims which he or she may have by reason of the marriage against the separate property of the deceased party, and against one-half interest of the deceased party in joint property owned without right of survivorship. This waiver includes, but not by way of limitation, rights of dower, curtsey, homestead, inheritance, descent and distribution, the right to elect against the other party’s Will, and all claims as Widow or widower, heir, distributes, survivor or next of kin, subject to the provisions set forth in the Agreement regardless of financial condition of either party at the time of death. This provision shall be effective under the present or future laws of the Commonwealth of Kentucky or any other jurisdiction, and includes but is not limited to waiver of:
    o The right to elect to take against any present or future Last Will and testament or codicil of the other party
    o The right to take his or her intestate share in the other party’s estate.
    o The right, if any, to act as executor or executrix or administrator or administratix of the other party’s estate.
    This provision is intended to and shall serve as a waiver and release of each party’s right of election in accordance with the requirements of the Kentucky Revised Statutes and any law amedatory thereof or supplemental or similar thereto.”
    All accounts were separate, nothing had a joint status. Her name is ***** ***** the deed to the house. The deed is in the name of his trust.
    His will states to liquidate all and put into the trust, there is no mention of his spouse in the will.
    Florida law has a “Receiving a life estate in the property means that while the surviving spouse has the right to live in the property for his or her remaining lifetime, it also means that the surviving spouse has to pay all of the property taxes and insurance to maintain the residence. In addition, the surviving spouse cannot force the children to sell the property, and the children cannot force the spouse to sell the property. Today there are two ways around this strict rule:
    You and your spouse can enter into a prenuptial agreement or postnuptial agreement where the spouse who does not own the property waives all of his or her rights to the protected homestead. This will allow the owner of the homestead to leave the property to whomever he or she wants.
    Effective October 1, 2010, the surviving spouse who is initially stuck with a life estate in the homestead can elect within a limited amount of time after the deceased spouse's death to divide the property so that the spouse will receive one-half and the children of the deceased spouse will equally divide the other half.”
    The personal representative at this point in time is allowing his wife to stay in the house and paying the bills for her to do so. His concern is that when it comes time to sell the house she will not sign the deed and we will not be able to sell it. What rights do we have, how can we get her out of the house? She had an attorney which forced us into probate until he found out about the prenup, he no longer represents her.
< Last | Next >
View More Estate Law Questions