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Old 12-27-2010, 12:17 AM
 
Location: southside
116 posts, read 108,029 times
Reputation: 76

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My father recently passed away and left everything to me. There is a large piece of land with a home that is owned jointly by him, his sister, and his brother. My father always told me that I would be a co-owner if he died. However, my aunt informed me that this is not the case. She said that there was a "last man standing" clause, and now only my uncle and aunt are the owners.

I've never heard of this and don't fully trust her to begin with. I found the property record online, and my father is included as an owner. I don't see anything about a clause. Is this clause real? Is there some way I could find this agreement if it is real?
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Old 12-27-2010, 07:24 AM
 
7,541 posts, read 3,245,576 times
Reputation: 12598
hate to say it and you probably don't want to hear it, but it's lawyer time.

You could go to the courthouse and at least find out if there is such a thing but even if there is (and I've never heard of it, for whatever that's worth) does it apply?

dunno. as I said, lawyer time.
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Old 12-27-2010, 01:38 PM
 
Location: Chester County Pennsylvania
9 posts, read 11,536 times
Reputation: 10
Default Joint Tenancy with Right of Survivorship

It is likely that the property is owned in a joint tenancy with right of survivorship. In other words, if one owner dies, the remaining owner(s) take the decedent's interest as their own. If you are not named a joint owner on the title to the property, you most likely do not have a claim. However, I echo the prior poster's advice -- talk to a lawyer. You most likely have an attorney for your father's estate. He or she should be able to look into the ownership rights of the property for you.
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Old 12-28-2010, 01:11 AM
 
Location: Pittsburgh, USA
3,134 posts, read 5,802,082 times
Reputation: 1033
For many legal questions you can go to a local college' law library and an employee or student will help you look it up. But the estate attorney should be responsible for your answer.
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Old 12-28-2010, 06:42 PM
 
177 posts, read 261,388 times
Reputation: 145
Don't waste you time and money with a lawyer (yet). Get the actual land records, see how the property is titled and do some google searching on what you find.
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