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WindDancer1956

Joint Tenancy With Right Of Survivorship

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I have a Joint Tenancy With Right Of Survivorship Agreement(JTWROS) on a house. One of the signors filed a Will leaving the property to his children. At the probate hearing I told the judge that I had the Agreement, and that the JTWROS went into effect immediately upon his death. The judge allowed the children to continue living in the home, and postponed the next hearing until November. The courts accepted the will and gave the home to the children immediately without a hearing. What are my rights and how do I approach at the next hearing?

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I have a Joint Tenancy With Right Of Survivorship Agreement(JTWROS) on a house.

 

What does that mean?

 

If the deed didn't say "Manny, Moe and Jack as joint tenants with right of survivorship" then your "agreement" likely means nothing.

 

Did the deed say ""Manny, Moe and Jack as joint tenants with right of survivorship"?

 

Read the deed before you answer that question.

 

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An "agreement" (whatever that means) is not sufficient to transfer title to real property.  If it was not memorialized in a deed to the property, the judge was right to ignore it.

Whether this agreement constituted an enforceable contract, would take much more information than you provided.  from your post, I would assume that the judge did not find it was an enforceable contract and you would have an uphill battle to prove otherwise.

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On 8/13/2016 at 9:01 AM, WindDancer1956 said:

One of the signors filed a Will leaving the property to his children.

 

Signors of what?

 

 

On 8/13/2016 at 9:01 AM, WindDancer1956 said:

At the probate hearing I told the judge that I had the Agreement, and that the JTWROS went into effect immediately upon his death.

 

In any given probate case, there may be any number of hearings.  What was the purpose of this particular hearing.  What "agreement" are you talking about?

 

 

On 8/13/2016 at 9:01 AM, WindDancer1956 said:

The judge allowed the children to continue living in the home, and postponed the next hearing until November. The courts accepted the will and gave the home to the children immediately without a hearing.

 

First of all, you're saying that this happened without a hearing, but you've already told us that a hearing did occur and that another hearing will occur in November, so which of the things you told us isn't accurate?  Second, did the court "[give] the home to the children" or did the court merely rule that they could "continue living int he home" until the next hearing in November?

 

 

On 8/13/2016 at 9:01 AM, WindDancer1956 said:

What are my rights

 

Creating a list of rights would serve no useful purpose, and we obviously know nothing about your situation other than what you've told us.  You wrote that you "have a Joint Tenancy With Right Of Survivorship Agreement(JTWROS) on a house," but everything else in your post makes me think that might not be accurate, so let's back up here.  Is there a deed by which the former owner of the property in question conveyed the property "to [your name] and [deceased person's name] as joint tenants with right of survivorship"?  If so, have any deeds regarding the property been executed since the date of that deed from the prior owner?  If so, what do those deeds say?  If no such deed from the prior owner exists, then you'll have to explain your statement that you "have a [JTWROS]."

 

 

On 8/13/2016 at 9:01 AM, WindDancer1956 said:

how do I approach at the next hearing?

 

Hire a probate attorney to represent your interests.

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Hi @WindDancer1956

 

Welcome to the Answers community! Thanks for your question. As other users have suggested, you may want to speak with an experienced estate planning attorney prior to the return court date in November. If you need help finding one, you can use the Findlaw lawyer directory -- many of our attorneys offer free consultations.

 

One clarifying questions: does the deed state that the property is held as joint tenants with right of survivorship? Or was that an outside oral or written agreement?

 

The FindLaw.com Team

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