Legal Question in Wills and Trusts in Trinidad and Tobago
My parents had been married for 59 year and they both own the property. They never prepared a will and now my mom is deceased; Would my dad have all the rights to that property?
1 Answer from Attorneys
All legal title to property MUST be by deed. If the property is held as joint tenancy then upon your mom's death your dad owns the entire property by virtue of survivorship. If on the other hand the property is held as tenants in common then your mom's share will form part of her estate and in the absence of a Will, your dad is entitled to apply for letters of administration. The property is to be distributed one half to your dad and the other half equally amongst the children is your mom died after 2000 or one third to your dad and two thirds amongst the children if she died before 2000.
Anand Seepersad 1-868-786-3240