What are the rights of a joint tenant with right of survivorship?

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What are the rights of a joint tenant with right of survivorship?

Can you tell me if my mother is in danger of losing her home? She and her second husband bought a home together, as joint tenants with right of survivor ship. He is very near death. We have encouraged our mother to sell her old property to pay off the remaining mortgage so she can stay in her home. He recently had a Will drawn up saying that if my mother sells the house or ceases to occupy it, the house then becomes the property of his children. Is this possible?

Asked on October 7, 2010 under Real Estate Law, Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your troubles.   I would strongly suggest taking all the documentation you have to an estate attorney in the area to review everything together. Generally speaking, "rights of survivorship" means just that: if one of the parties who owns the property dies the other receives the property automatically.  What he is attempting to do does not sound as if it will hold up in court as against this right.  What will happen is that you Mother will have to file an objection to the Probate of the Will should the Will be submitted to Court.  She has the right to the home as above everyone else once he passes away and then she can do with it as she pleases.  Good luck.   


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