Legal Question in Wills and Trusts in Minnesota
co owners in house, 1 dying
my parents own a house together. Dad is dying. The deed to their house is worded as John Dunne doe and Jane dar Doe ( husband and wife). When dad passes will the house automatically become mom's with out going thru probate?
1 Answer from Attorneys
Re: co owners in house, 1 dying
Could be a problem. The magic words which are needed to avoid probate in the circumstances you describe are "as joint tenants." It should be in the preprinted part of the deed if the right form was used.
I comment on this at my web site at http://www.kelly-law.com. Scroll down on the very first page that opens.
If that is not joint tenants, you better see a lawyer fast. Perhaps your Dad or someone with his power of attorney could sign a corrective deed.
This response is for information purposes only and does not create an attorney-client relationship.
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