Legal Question in Wills and Trusts in Florida

Tenants in common with right of survivorship

My brothers and I purchased some property in 1985 together from my grandfather estate after a long probate battle. Trying to keep from having this problem again, we did the Tenants in common with full right of survivorship. Now one of the brothers has passed away and his wife wants her share. Do she have rights to the property or does the remaining brothers assume his part?


Asked on 10/19/07, 11:12 am

2 Answers from Attorneys

Michelle Hofkin Law Offices of Michelle Hofkin

Re: Tenants in common with right of survivorship

The remaining brothers assume his part. Essentially, the last to survive has 100% ownership in the property.

Read more
Answered on 10/19/07, 11:21 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Tenants in common with right of survivorship

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The way you state that title was listed seems to be a conflict. Normally it is Joint Tenants with Right of Survivorship OR Tenants in Common (no survivorship). You need to double check what you have stated to verify its accuracy. If it does state what you say, there might be a problem with the survivorship clause which would require legal research and/or a lawsuit to determine.

Scott R. Jay, Esq.

Read more
Answered on 10/21/07, 12:51 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida