Joint tenancy/RIght of Survivorship

[Nemo7597]

What is the name of your state?NEW YORK

I WAS (prior to 1 Dec 2005) entered into a JTWROS deed (since 2002) with a family member who is quite elderly. Another relative had her sign over POA to him. As of 1 Dec 2005, my deed has been REDONE and my relative's name has been removed and the POA's name inserted.

Since the ORIGINAL deed that I had said Ms. X AND Ms. Y as joint tenants with Right of Survivorship, can this POA omit my name from a new deed and file stating Ms. X, party of 1st part gives to MR. Z, party of the second part....?

 

[Legal Ones]

What is the name of your state?NEW YORK

I WAS (prior to 1 Dec 2005) entered into a JTWROS deed (since 2002) with a family member who is quite elderly. Another relative had her sign over POA to him. As of 1 Dec 2005, my deed has been REDONE and my relative's name has been removed and the POA's name inserted.

Since the ORIGINAL deed that I had said Ms. X AND Ms. Y as joint tenants with Right of Survivorship, can this POA omit my name from a new deed and file stating Ms. X, party of 1st part gives to MR. Z, party of the second part....?

Yes. You're out.

IAAL

 

[Nemo7597]

i can't be "out"...i was a joint owner of the property**************..i just want to know if what the other person can assign her interest in the property to someone else**************

 

[seniorjudge]

What is the name of your state?NEW YORK

I WAS (prior to 1 Dec 2005) entered into a JTWROS deed (since 2002) with a family member who is quite elderly. Another relative had her sign over POA to him. As of 1 Dec 2005, my deed has been REDONE and my relative's name has been removed and the POA's name inserted.

Since the ORIGINAL deed that I had said Ms. X AND Ms. Y as joint tenants with Right of Survivorship, can this POA omit my name from a new deed and file stating Ms. X, party of 1st part gives to MR. Z, party of the second part....?

How did this deed get "redone"?

 

[LindaP777]

I'm not sure of your question/concern. In your example, are you Ms. X or Ms. Y? Who did Mr. Z replace? (Yourself or your relative?)

WHO authorized redoing the deed?
Was it properly done by a lawyer?

 

[Nemo7597]

I have lived at the property with my relative and her husband my entire life. My elderly relative...(MS. X) owned the property with her husband until his death in 2002.

Following his death, she had a deed created> THe beginning reads

This indenture made this X day of 2002 between Ms. X, party of the first part, and Ms. X and Ms. Y, party of the second part, as joint tenants with right of survivorship**************


On 1 Dec 2005, Ms. X's POA had a "new" deed recorded.....it reads
......This indenture made 1 dec 2005, between ms. X, party of the first part and Mr. Z party of the second part.....

He had a totally new deed made up.....without an attorney....and omitted my name from the deed as if i had never been on it to begin with.

I want to know if what he did is legal or not.....?

basically he "pretended" my interest in the property never happened....

 

[seniorjudge]

I have lived at the property with my relative and her husband my entire life. My elderly relative...(MS. X) owned the property with her husband until his death in 2002.

Following his death, she had a deed created> THe beginning reads

This indenture made this X day of 2002 between Ms. X, party of the first part, and Ms. X and Ms. Y, party of the second part, as joint tenants with right of survivorship**************


On 1 Dec 2005, Ms. X's POA had a "new" deed recorded.....it reads
......This indenture made 1 dec 2005, between ms. X, party of the first part and Mr. Z party of the second part.....

He had a totally new deed made up.....without an attorney....and omitted my name from the deed as if i had never been on it to begin with.

I want to know if what he did is legal or not.....?

basically he "pretended" my interest in the property never happened....

The joint tenancy was probably destroyed, but you still own an undivided one-half.

 

[Nemo7597]

can i get him off the deed if i take him to court and prove that he has been threatening me...?


He was ...stupid enough on his part....luckily on mine, to mail me letters from April until October telling me that I had better sign over the deed to the house ....or else... and that he will force me to sell (this was all before he added his name to the deed....)

also, does the fact that this all only occurred AFTER he got relative's POA have any bearing on it...? My name has been on the house since 2002 with no problem, until April of 2005, when the POA's mother forged a check of Ms. X (essentially emplying her bank account) and I told POA's mother to replace the funds or I would seek legal action for her abusing my relatives trust.....

 

[LindaP777]

Get to an attorney NOW! Sounds like your relative might be pulling a fast one!