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Does a mother's will specifying property to be divided equally among 3 sons trump a condo deed signed by mother and one son?
Anonymous8 views3 answers
Son who cosigned with mother for the condo does not agree that condo value should be divided 3 ways. Will specifically says all assets, monetary and property are to be divided among 3 surviving sons. He says his signature on the property deed makes the property solely his once mother dies. She died April 19 this year. Is he correct?
I assume the son co-signed on the mortgage for the condo only and he is not a joint owner of the property? If mother is the sole owner of the condo, then the condo would be distributed according to her Will. It does not matter that 1 son co-signed for the condo.
However, if the son was a joint owner of the property with mom, then my answer would change. You need to look at the deed. The share of the house that he would get would depend on whether it was deeded to him as a joint owner with rights of survivorship or as tenants in common. You should have a local attorney review the deed and will to determine the son's rights with regards to the house.
It depends. Were the son and his mother co-tenants on the deed, or co-tenants with rights of survivorship? What, exactly, are the terms of the will? WIthout knowing these, and other, pieces of information, you won't be able to get a definite answer.
It is not clear from you question whether the son is a co-owner on the deed or simply a co-signer for the loan on the property. You should be working with an attorney to administer mom's estate. They would be able to tell you how this is handled.
