questions & answers

Question: my mother recently passed aay. her real estate deed has a joint tenancy w/ rights of survivorship, naming my aunt. my mothers wishes were that the home be sold and proceds devided between my sister and myself..i have lived and cared for my mother for the past 4 years, paying taxes, utilities and so forth. can my aunt list the house for sale at such a high dollar amount, that will never even be considered by buyers? can she make me move ( I am disabled ) when I have nowhere, and not enough income to purchase another dwelling? she (aunt) has already removed all of my mothers personal belongings (clothing,jewelry, cash car I don't understand please advise me, I don't know what to do. thank you so very much

Answer:

When property is held in the form known as “Joint tenancy with rights of survivorship”, ownership of property is wholly and automatically transferred to the surviving joint tenant/co-owner. 

However, the “Joint Tenancy” ONLY applies to the REAL Property—NOT any personal property such as clothing, jewelry, cash, cars.  These items must pass to the heirs or devisees of the deceased, whether or not there is a Last Will, through the Probate Courts.  If the deceased’s personal property was taken by anyone without court authority, such as a Probate Court-appointed Personal Representative for the deceased’s estate, law enforcement can be contacted.