Eviction

questions & answers

Question: I was my mother's caregiver since 2011. Mother passed in 2014, Mother left a beneficiary deed to me and brother. Brother has claimed the home and wants to evict me and my daughter.

Answer: Upon the death of the owner, the interest in real property provided by a Beneficiary Deed transfers automatically to the grantees named in the Beneficiary Deed. Two or more named beneficiaries own “undivided” interests in the property at the death of the original owner. This means neither owner has total control of the property. Therefore neither owner can occupy the property nor sell the property without the consent of the other. If the new owners cannot agree on the use of the property, legal counsel is recommended to help reach a mutually acceptable resolution.

Comments:

QUESTIONS

  • I was my mother's caregiver since 2011. Mother passed in 2014, Mother left a beneficiary deed to me and brother. Brother has claimed the home and wants to evict me and my daughter.

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • Age discrimination in the workplace. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

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