If I'm the survivor on warranty deed with right of survivorship with my late father, do I know own the property and can I sell it?
Question Details:
About 2 weeks before my father (a widower) passed away last month, our lawyer created a warranty deed with right of survivorship (with me as the survivior). The deed was signed by my father and me in front of 2 witnesses; it was notorized and our lawyer filed it. His Will states that he leaves his estate to his children in equal shares. I have 1 sister. Now that he has passed away, is the property solely mine? Is my sister entitled to 1/2 the house? Should I/do I need to have her sign a quitclaim deed?
Whether it is a warranty deed or quitclaim deed is not important. It is an obligation from your father to you regarding the property. The deed has to be written such that you and your father had the property as joint tenants with right of survivorship. Otherwise, the property goes back to the estate and will be distributed among your siblings.
