Legal Question in Wills and Trusts in Kentucky
entering married on deed with JWROS, but NOT married, HELP
Hello. I have a question regarding a deed in KY, as I need any info that I can get. My Mother and
her boyfriend had a house together in KY. My Mother just passed away
and said that we, her children would be able to get her part of the house
because of this: The deed says that John and Jane, HIS WIFE (with joint
to rights of survivorship) BUT they were never married, the deed says
John(the boyfriend) and Jane (my Mother),HIS WIFE. She explained to us
that this is how we was to do this, as she was sure it was correct, she said
she had spoken with other lawyers and asked them this for her children. The
house is valued at over $700,000 and she told us to fight for her, as we are
trying and are unsure of what to do. We need help in this matter. Any info
would be greatly appreciated, thank you.
1 Answer from Attorneys
Re: entering married on deed with JWROS, but NOT married, HELP
In Kentucky, people can own property "jointly with a right of surviorship". This means that two people (usually married but not necessarily so)take the title. Each has the right to live on and use the property for his/her life. At the death of one, the survivor receives the full fee simple title. If your mother and her boyfriend had a title in survivorship and your mother passed away, then the boyfriend gets the property. She could not even will it away. It does not matter that they were not married or what the marital status states in the deed. The operative word in the deed would be those indicating that the survivor would receive the title. Look at the deed.
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