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Dsizzle68

As an estate in fee simple as to an undivided 3rd interest

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My ex wife put my mom and grandma on the deed shortly after we separated not divorced at the time they was added to the deed anyways my ex wife signed her 3rd interest over to me had it notarized and then recorded with the county then my grandma dies what happens with her 3rd

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The answer to that depends on exactly how the deeds read, which state’s law applies (is it Alabama as indicated by your member tag or some other state). However, very likely the property was held by three of you as tenants in common. For property to be held joint tenants with a right of survivorship at common law all the joint owners had to obtain their interests at the same time, among other things, and that did not happen here.

 

Assuming it was held tenants in common, your grandmother’s one third interest is part of her estate and will be handled with her other estate property in probate. In that case, if she had a will then the will determines who gets her share of the property. If she did not have a will then the intestate law of the state where the property is located will determine who will get it.

 

If the property was held as joint tenants with a right of survivorship, on the other hand, then when grandmother died her one-third interest just disappears and you and your mother would be left each owning half the property.

 

Since the details of the transfers, how the deeds were written, and the applicable state law are all important factors in the outcome you might want to take copies of the relevant deeds to a real estate or probate attorney in the state where this property is located for advice.

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It's been a week since you posted and you haven't come back, so further responses may be pointless.  However, if you post here again, please make an effort to use something that resembles proper punctuation and capitalization.  Doing so will make it easier for others to read and understand what you write.

 

 

 

My ex wife put my mom and grandma on the deed shortly after we separated not divorced at the time they was added to the deed

 

This isn't clear.  I assume your ex and you owned some piece of property.  You wrote that she "put [your] mom and grandma on the deed."  What exactly does that mean?  She could convey her interest in the property but could not convey your interest.

 

 

 

my ex wife signed her 3rd interest over to me had it notarized and then recorded with the county

 

I assume you intended to write that she "signed her [1/3] interest over to" you, but why do you think she had a 1/3 interest in the property?  If the property was originally owned by you and her and she transferred some of her interest to your mother and grandmother, that would leave you with a 1/2 interest and her with something less than a 1/2 interest (depending on what exactly the deed from her to your mother and grandmother said).  Presumably, when you got divorced, your divorce dealt with your and your ex's interests in the property, but we obviously don't have any information about that.

 

 

 

then my grandma dies what happens with her 3rd

 

Likely, whatever interest your grandmother acquired from your ex-wife was as a tenant in common.  If that's correct, then her interest will pass according to the terms of her will or the provisions of Alabama's intestate succession law.

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