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#104699 - 04/29/06 01:58 AM Which trumps which?
Jiop Offline
recently joined

Registered: 04/29/06
Posts: 2
Parents bought a house in 1980. Divorced in 1982. The house deed states: . . . joint tenants with right of survivorship, but decree of dissolution of marriage has attached, signed(by both)paper stating:

'. . . .Residence shall remain the property of Dad and Mom in joint tenancy, with the right of survivorship. The parties agree that Mom can remain living in the home until such time as she remarries, dies, allows a non-relative adult male to reside in the home, or to move. At such time as Mom remarries, dies, allows non-relative adult male to assume residence or moves, said property shall be sold and the net equity divided equally.'

Mom died, dad claims house is entirely his due to Deed. Should we, her children who were to split her property according to the will(which does not seem to mention the house)see a lawyer? Does the divorce paper signed and dated after the purchase of the home trump the joint tenancy deed w/survivorship?

thank you for any information.

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#104700 - 04/29/06 05:13 PM Re: Which trumps which? [Re: Jiop]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
You're mother's Will most likely doesn't mention the house because the house, in accordance with the divorce decree, is to be sold and the net (after sale) proceeds divided.

Yes, your mother's estate is entitled to half the house and I would recommend consulting with an attorney and if you are in the Phoenix area, I can recommend one who deals with probate issues.
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If you air your dirty linen in public, expect people to comment on the skid marks!

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#104701 - 04/29/06 07:26 PM Re: Which trumps which? [Re: Gecko]
Jiop Offline
recently joined

Registered: 04/29/06
Posts: 2
Thank you for the quick response. It has helped alleviate some stress. We are in the Phoenix area and i've made my email visible under this profile. I can't promise we'd use your suggested attorney (as im only one of the two); but im very appreciative of your help. And if it's not considered rude or improper to ask in the forum, are you yourself an attorney?

thanks again.

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#104702 - 04/30/06 04:19 PM Re: Which trumps which? [Re: Jiop]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
No. Legal Assistant/Secretary.

I'll send you his name.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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