What would happen to property my deceased mother purchased jointly with my sister and her husband?
Full Question:
Answer:
It sounds like you're referring to a contract of sale, rather than the deed on the property. The responsibility for payment for the property is a separate issue from the ownership of the property. For example, a contract for sale may specify that various parties, as well as their heirs and assigns, are responsible for paying for the purchase of real property, and that upon full payment, the property will be deeded to other persons who are not the parties named as responsible for payment.
The current ownership of the property will be determined by the names on the deed that's recorded at the recorder's office in the county where the property is located. If the mother's name is on the deed, the deed may state that she is a joint tenant and the other tenants have a right of survivorship. In such a case, the surviving joint tenants will inherit her share of the property without the need to go through probate. If the mother is named on the deed as a tenant in common or sole owner, her share of the property will pass in the probate process to her heirs as determined under state intestacy laws. A fiduciary deed may be used to transfer the inherited shares to the heirs determined by the probate court.
It is possible that another contract exists between the mother and other heirs to transfer her ownership upon the making of specified payments. I suggest you contact the recorder's office to obtain a copy of the deed, and have a local attorney review all the facts and documents involved.
