Legal Question in Real Estate Law in Alaska
i have a piece of property in my name and my partners name its cristin kelly/and or janet kirkwood. She is only going to live about 2 more months do i need to take her name off of property? Im not worried about her family wanting it, they have plenty of money of there own.
1 Answer from Attorneys
You and your partner definitely need to convey the property.
First, "and /or " is not recognized in Alaska, or anywhere else, as constituting joint tenancy with the right of survivorship, which I assume the two of you intended. So, when she dies, it would be considered ownership in common. Her estate would own a one half undivided interest in the property and you would own the other half.
Her heirs would be entitled to her half. And, since I assume your partnership is not recognized as a marriage in Alaska, you would not be considered an heir of any of her property, unless she named you an heir in her will.
If you want, for a reasonable fee, I would be happy to help you with your partner's estate planning, including transferring the property to you.