Legal Question in Real Estate Law in Maine
warrantydeed
my husband and i are on his fathers deed as joint tenants. Can he revoke this?
Also can his current new wife get his 1/3of the property if he passes?
Asked on 11/17/06, 1:46 pm
1 Answer from Attorneys
Jerome Gamache
Ainsworth Thelin & Raftice, P.A.
Re: warrantydeed
A properly executed and recorded deed of joint tenancy cannot be "revoked". By operation of law, upon the death of any of you, the remaining tenants will essentially take the decedent's interest. The father could convey his interest by deed to his new wife, but she cannot get his interest in the house by his Will.
Answered on 11/17/06, 1:53 pm