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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19639
Experience:  B.A.; M.B.A.; J.D.
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My mother pass away last month. Before her death my brother

Customer Question

My mother pass away last month. Before her death my brother had her change the warranty deed to Richard 60%, Sharon 20%, and Charles 20%. It also stated joint tenants with full rights to survivorship. I do not think you can have joint tenants with full rights to survivorship with uneven shares. Will the deed revert back to the previous one? Richard has lived with our parents his entire life. Does this give him any special right to the home. I am executrix of the will. The Will divides all belonging equally. I believe the warrant deed trumps the Will.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.

My mother pass away last month. Before her death my brother had her change the warranty deed to Richard 60%, Sharon 20%, and Charles 20%. It also stated joint tenants with full rights to survivorship. I do not think you can have joint tenants with full rights to survivorship with uneven shares.

Response 1: You are correct. Joint tenancy with right of survivorship implies equal shares of the property. So, the transfer is defective, the original deed controls.

Will the deed revert back to the previous one?

Response 2: Yes. The transfer to joint tenancy with right of survivorship at uneven shares is defective.

Richard has lived with our parents his entire life. Does this give him any special right to the home.

Response 3: No, it does not.

I am executrix of the will. The Will divides all belonging equally. I believe the warrant deed trumps the Will.

Response 4: In this case, no, because the deed is defective. The Will controls unless the previous warranty deed had all shares equally. Otherwise, if the deed is still under your mother's name only, her Will will control the division of the property.