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Property joint tenant if my mother and father own property…

Customer Question
Property joint tenant if...

Property joint tenant if my mother and father own property both died they were divoice but they live together. I am the only child my father sister has the property how do I get my mother half

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Indian River County Florida

Lawyer's Assistant: What documents or supporting evidence do you have?

They were divorce i have all the deed I gave my mother my protion because after 13 they got back together

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His sister had the durable power of attorney but father was not in is right mind. her husband is a police officer he sign as the witness and they took possession of the property and his money. My father has one child and that me.

Submitted: 3 months ago.Category: Family Law
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Answered in 31 minutes by:
4/3/2018
Family Lawyer: KimberlyLaw, Lawyer and Real Estate Broker replied 3 months ago
KimberlyLaw
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 4,237
Experience: 13 years of experience practicing law.
Verified
Hello my name is ***** ***** I am an attorney. Happy to assist.You need to first look at the deed and see if it says joint tenants "with rights of survivorship". Then you need to look at the dates of death for both of them.When the first one passed away, the entire property would go to the other one if they have survivorship rights. It makes no difference they were divorced. Then when the second one dies the entire property would go to you, not your aunt.If just joint tenants then half the property went to you upon the first death, then the other half went to you upon the second death.So either way sounds like you own this property 100%.I would get an affidavit of kinship signed and notarized right away and file it with the registry of deeds to make your legal claim to the property.You could also go to court and ask for a court order to remove her from the property and declare your ownership.Let me know if you have any questions.
Thanks
Kim
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Family Lawyer: KimberlyLaw, Lawyer and Real Estate Broker replied 3 months ago

Hi this is Kim, just checking if you have any more follow up questions before we close this question.

Please be sure to give positive feedback so I get credit for my work with you yesterday.

Thanks and take care!

Kim

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Family Lawyer: KimberlyLaw, Lawyer and Real Estate Broker replied 3 months ago
Hi just letting you know I am logged on. If you are all set with this question please accept it, positive feedback appreciated so I get credit for my work with you.Thanks so much and take care.
Kim
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