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mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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My 87 year old mother purchased a home with a brother and his

Resolved Question:

My 87 year old mother purchased a home with a brother and his wife. She put more money down than they did, but according to brother is name is XXXXX XXXXX the mortgage, and he pays taxes and bulk of monthly mortgage payment. In the event of her passing does he become owner of the property?
Submitted: 5 years ago.
Category: Family Law
Expert:  mkc1959 replied 5 years ago.

mkc1959 :

The answer will depend in part on what state the property is in and also will depend on how the deed is written.

mkc1959 :

In some states, property can be held in "joint tenancy with right of survivorship," as an example. In those cases, the property passes directly and not through probate or by a Will.

mkc1959 :

On the other hand, property can just be jointly owned, in which event, the Mother's property would not pass to the brother and his wife.



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