QUESTION
Is the rights to survivorship concerning property are different if it involves a Canadian citizen who lives in the US?
Asked on Nov 19th, 2014 on Estate Planning - Michigan
More details to this question:
The property was my father’s prior to their marriage. He added her to the deed 5 years ago. My stepmother’s health is declining and we are concerned her children who are Canadian citizens as well are planning to try and obtain legal rights to the property upon the death of their mother.
3 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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NO.. if the property is held as "husband and wife" then it is a "tenancy by entireties" and is akin to a "joint tenants with a right of survivorship" So if your dad is still alive the property will revert to him 100% if she passes before him... citizenship will not matter. Now if your dad has already passed.. the property is hers and you have no rights unless she gives them to you.
Answered on Nov 20th, 2014 at 1:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney. Their rights of ownership are not dependent on nationality.
Answered on Nov 20th, 2014 at 9:29 AM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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Your question leaves out a lot of detail but if someone owns a property, it doesn't matter what country they are from.
Answered on Nov 20th, 2014 at 9:29 AM