Legal Question in Wills and Trusts in Alabama
my sister and I hold the deed to property together as joint with right of survivorship. I would like to leave my portion to my husband in the event of my death but she is unwilling to change how the deed reads. Would my will supersede the deed?
2 Answers from Attorneys
JT/ROS deeds can be "severed" be either party without the permission of the other party. A deed conveying your share to your husband would in all probability sever the JT/ROS and your husband and your sister would then become Tenants in Common. This is a general answer though, so don't act unless you consult with a real estate attorney.
William G. Nolan, www.NolanElderLaw.com
I agree with Mr. Nolan. There are several ways to sever the Joint Tenancy, including attempting to convey your portion of the property or encumbering it. The law does not favor a joint tenancy, however, go see a lawyer before you act.
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