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My mom passed away on 3/14/2013. My sister aand I do not get

along we do not even...
My mom passed away on 3/14/2013. My sister aand I do not get along we do not even speak. My sister is attempting to include the house my mother owned as a part of my mother's estate. The deed to the house however is a right to survivorship deed naming she and I as the owners when my mom passes.
I say she cannot put the house in the estate for probate. I contend that is another matter
entirely. Please tell me what is right.
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Answered in 3 minutes by:
6/9/2013
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55,803
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good afternoon. You are correct. If the house was owned by you and your mother as joint tenants with right of survivorship, then upon your mother's death, title to the house vested automatically in you as the survivor. It passes outside of the will if your mother had one, and outside of the intestate estate if your mother died without a will. It does not get included in any property to be divided equally between you and your sister and it does not count against your share of the remaining assets.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
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Customer reply replied 4 years ago


just need to clarify. My mother owned the house. The deed is a right to survivorship deed naming my sister and I as the as you say joint tenants. Just to be sure I have it right.

I'm sorry..thank you so much for your clarification!...I misunderstood....I thought when you referenced "she and I" you were referring to you and your mother...if it refers to you and your sister, then, it vests in you and your sister in undivided 50% ownership interests upon your mother's death and is not a probate asset.
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Customer reply replied 4 years ago

One last question an by the way you are excellent. Why is the estate attorney hired by my sister coming to court and presenting the house as a part of my mother's estate. This is what s confusing me so much despite my knowledge of right to survivorship deeds. thanks again and this is my last question.

No worries....and thanks for your kind words. I really don't know why she would be doing so unless she can prove some kind of defect in the deed. I am also not totally sure why your sister wants it included as part of the estate unless she is doing it totally out of spite because there are other heirs that would share in the house and thus decrease your share or she is the executor and is trying to base her executor fee on the value of the property. In either case...I can see why you don't speak with her! :)
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55,803
Experience: 29 years of experience practicing law, including tax and estate planning.
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Richard
Richard
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Category: Estate Law
Satisfied Customers: 55,803
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