QUESTION
Can a tenant by entries leave their share of property to someone else whenever there is still a person on property deed?
Asked on Jun 17th, 2013 on Estate Planning - Michigan
More details to this question:
Can a tenant by entries leave their share of property to someone else whenever there is still a person on property deed has owner per right to survivorship? Another person’s name was put on deed without my knowledge. Equal shares but mobile home on property in other person’s name on.
11 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If deed is as tenants by the entireties, it passes by operation of law to the joint owner at the death of one of them.
Answered on Jun 18th, 2013 at 9:24 AM
The tenancy by the "entirety" is a husband and wife. And no he or she cannot leave that interest to another.. Unless. One of the tenants by the entirety died. Then the property is owned totally by the survivor. She/he can then leave the property to whomever. The deed may not have been changed. See probate records for decedent tenant by the entirety. distribution of this email message and any attached files is strictly prohibited.
Answered on Jun 18th, 2013 at 9:24 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally no, both entireties owners would have to sigh the deed to convey the property.
Answered on Jun 17th, 2013 at 9:19 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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A person who holds a tenancy by entireties, can will their share, or sell their share of the property to whomever they wish, without notifying the other holders property interest on the deed.
Answered on Jun 17th, 2013 at 9:19 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Tenancy by entirety is only between husband and wife, and it is a survivor ship estate the surviving spouse owns all. If husband and wife deeded a portion of their property to another, then that person holds as tenant in common, or as an "Erickson estate." One spouse cannot do this alone, both spouses need to sign. Now the mobile home is completely different it is not real property, can't be held in tenancy by entirety. I recommend that you get a lawyer to help you sort this out.
Answered on Jun 17th, 2013 at 9:18 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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In Michigan, a tenant by the entireties (e.g. a joint tenants with rights of survivorship) of REAL PROPERTY cannot be destroyed by only one party to the tenancy ... if one party quit claimed their interest they may have an immediate right to possession (I am not sure) but their right extinguishes if the person who quitclaimed it to them dies first and they loses their interest in the property. Furthermore if the mobile home is affixed to the property it may become party of the property so.
Answered on Jun 17th, 2013 at 9:18 PM
Tenant by the entirety is a special relationship only created between husband and wife and unless they are divorced, or one dies, then the relationship cannot be broke by one of the spouses 'deeding' his/her property.
Answered on Jun 17th, 2013 at 9:18 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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No. If it is tenancy by the entirety, both spouses have to agree to put another name on the deed. You will probably have to go to court to clear the mater up.
Answered on Jun 17th, 2013 at 9:18 PM
2 Awards
Your question is unclear and in any event an attorney will need to review the documents. Make an appointment with a local attorney as soon as possible.
Answered on Jun 17th, 2013 at 9:18 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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This does not existing California.
Answered on Jun 17th, 2013 at 9:18 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am not sure I follow your question. Yes, a tenancy by the entire ties can be severed by one person. That creates a tenancy in common. Beyond that, I am not sure what you are saying.
Answered on Jun 17th, 2013 at 9:15 PM