I have what I hope is a relatively simple question. In July 2009, I was hospitalized for six months. In March of 2010, I moved back into my motherís house where I previously resided. Back in April of 2012, my Mother and I decided to refinance our home based on some of the advantageous mortgage rates that were available at the time. Based off of her current income, (SSI) she would not be able to swing it herself so we decided to have me added as co-owner of the property so we did a Quit-Claim Deed adding myself and my mother to the property deed and the mortgage. We were approved for the new mortgage and are signing the papers on Tuesday 05/21/13. As a side note, there is not a lot of equity in the home. My question is this. My Sister lived here for about eight or nine months when I was sick. She has since moved out shortly after I returned home and bought a condominium for herself. She has recently remarried and still owns her condo. She has not lived here for over three years and, unfortunately, we are not on the best of terms. Since I have been taking care of my Mom and paying the mortgage for the last three years, does she have any right to the property in the unfortunate event of my motherís passing? Iíd appreciate any advice you can lend regarding this matter. Thanks in advance for your help !!!
1 Answer from Attorneys
If you quitclaimed the property as joint tenants with right of survivorship, the survivor ot the two of you would own the entire property. If tenants in common, then there has to be a provision for the property to be bequeathed(ie. a will). No child has a right to inhereit from a parent. The manner of ownership will control who will be entitled to receive the property.
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