Legal Question in Wills and Trusts in Connecticut
My father transferred 1/3 of his property to my sister one year and then the next year transferred another 1/3 of his property to her. They are now involved in a partition suit over this property. My sister believes she owns 2/3, however my father's current attorney says my sister only owns 55% (approx.) This is because at the time of the second transfer the when my father's ownership was 2/3 and he gave 1/3 of his 2/3's ownership. I believe that the original attorney writing the transfer deeds made a mistake on the second transfer and should have transferred a 1/2 share (approx.) in order for my sister to own 2/3. Will the judge assume that the original attorney made a mistake and award my sister a 2/3 share, or will the judge just go by what the deed transfer document states.
1 Answer from Attorneys
It depends on the language in the second deed. If it says "I transfer one third of my interest in the property to her", that's one thing. If it says "I transfer a one third interest to her", that's something else. If it's "one third of my interest", then at the time of the second deed he had only a two thirds interest and his transfer of one third of his two thirds equals 22.22% for a total of 55.55% +/-. If it's "a one third interest" then the second one third interest added to the first one third interest equals two thirds.
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