Shocked at this unexpected discovery, Ann repeatedly told me that she and her aunt had numerous discussions regarding the disposition of the property in the event of her aunt’s death. Furthermore, unless she is the aunt’s sole heir, Ann will have to share the property and its proceeds with one or more of her aunt’s heirs. I had to tell Ann that she only owned a half interest in the property and that she would have to probate her aunt’s estate in order to close on the property.
Unfortunately, the deed did not include the magic words “as Joint Tenants with full rights of survivorship”. As I read the deed, it became immediately apparent that this wouldn’t be a simple closing process.
