my mother recently passed. the house and proporty where in both fo our names. she had put them in my our names to make sure it would go to me upon her death. her will states that her personal property is to be devided between my sister and i. does my sister have a claim to my house?
2 Answers from Attorneys
She may. It depends on several issues and facts that can be resolved by a Court.
So long as your mother acted of her own free will when she executed the deed and she did not lack legal or mental capacity at the time, the transaction should stand. You may want to ensure that the deed did not name the two of you as "tenants in common" instead of naming you both as "joint tenants." Tenancy in common would require a probate proceeding to ensure that your mother's share of the house passes according to the terms of her will.