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Ray, Lawyer
Category: Real Estate Law
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Experience:  Texas Attorney for 30 years dealing in real estate
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In the state of Vermont if on a Deed& Mortgage it is

Customer Question

In the state of Vermont if on a Deed& Mortgage it is documented each having one-half undivided interest in property as tenants in common (mother & son), and when one party dies (mother) will the total interest in the property then go to the other party on the deed & mortgage (son) or will the interest go to mother's surviving spouse (who is not listed anywhere on the deed or mortgage) instead of going to the son to have full interest/ownership of the property?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

You own half here, that does not change if you are tenants in common.The mother's interest passes either by will or if no will under the laws of intestacy.

Spousal share..

In most situations, your surviving spouse and your childrenfrom the previous relationship will split your property 50/50. However, thereare a few unique rules to keep in mind:

  • Your spouse can petition the probate court totake ownership of your household goods, such as furnishings. The court willgrant the spouse’s request unless any of your descendants object, in which casethe court will determine who gets what. (Vt. Stat. Ann. tit. 14, § 312.)
  • If your estate consists primarily of a vessel,snowmobile, or all-terrain vehicle, your spouse will inherit it. (Vt. Stat.Ann. tit. 14, § 313.)

If you die with:here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants
  • spouse inherits everything
  • spouse and descendants from you and that spouse
  • spouse inherits everything
  • spouse and at least one descendant from you and someone other than that spouse
  • spouse inherits 1/2 of your intestate property; the spouse can ask the court for all household goods, and there are special rules that allow the spouse to take ownership of a vessel, snowmobile, or all-terrain vehicle
  • descendants inherit everything else
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything

If you are the only child you get 1/2 of mothers 1/2(1/4) plus your half by deed, so you own 3/4 at that point spouse owns 1/4.You would likely be able to buy him out in probate pretty cheap here, he only owns a 1/4 interest.

She can also will you here share in total.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

I really appreciate the chance to be of service to you today.If you can leave a positive rating when we are done it is sincerely appreciated.