What is needed to ensure I inherit my mother's half of the home we share?
Full Question:
Answer:
The answer to your situation depends on the form of ownership. You may own as a tenant in common or joint tenants, depending on the language in the deed. When one joint tenant dies, his (or her) interest goes to the remaining joint tenant.This is called the "right of survivorship." This characteristic prevents an interest held in joint tenancy from being conveyed by will.
A tenancy in common, on the other hand, conveys no right of survivorship. When one co-tenant dies, the interest of the defunct co-tenant forms part of his or her estate and can be conveyed to a next-of-kin.
If a tenant in common wishes to will her separate interest to a third party, the other tenant's will can't deny this right.