Legal Question in Real Estate Law in Minnesota

in-law blues

15 years ago ,my wife & I went halfs on a cabin with some land,with my mother in-law,(at the time it was a great idea.)it's now paid off.

but now the mother in-law is getting up there in age & is talking about leaving her half to 3 grandchildren. (which is fine.)my question is what type of legal document should she have in order if anything was to happen to her?and do I have any say who gets her half.

and is there anything I should do if she changes her mind and decides to leave it to someone else?

my name my wifes name and the mother in-laws name are all on the title.would that mean she own a 1/3.

any advice would be appreciated.


Asked on 5/06/04, 11:06 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: in-law blues

I can't tell from your question exactly what you have there, and any lawyer who says he knows is lying.

I would have to see the deed - then I could at least start to answer your question.

Most likely you have joint ownership, so that if your mother-in-law dies her third - and that's only a guess that she has a third - passes more or less automatically to you and your wife.

Assuming that it's joint, one option would be for your mother-in-law to to convert the joint ownership to tenants in common ownership. Only way to convert it would be by a deed from all three of you to all three of you as tenants in common. Unless it's tenants in common, her will would have no effect on the property. If it is tenants in common, then she could provide for it in her will.

Your mother in law could perhaps just do a quit claim deed to transfer her interest in the joint ownership. Then whoever she deeds to would take her place as a joint owner. You might like this outcome, but it does have some messy implications. Remember, when a joint owner dies, the other owers get his or her share. The possible outcomes could be unexpected and strange.

Don't even think of trying to do anything with this without getting a competent lawyer involved.

Good luck.

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Answered on 5/07/04, 11:13 am


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