If before my mother died she put my name on her house and title of her car, am I now the sole owner of them?

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If before my mother died she put my name on her house and title of her car, am I now the sole owner of them?

My brother is the executor of the Will.

Asked on July 9, 2014 under Estate Planning, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You do not indicate whether or not the assets are in your name alone or both of your names. If they were put solely in your name, then they are your property and have nothing to do with your mother's estate. If however they were put in both of your names, then what happens to these assets depends on just how the deed/title reads.

If the deed/title reads "joint tenants with rights of survivorship", then upon your mother's death these assets automatically became your sole property; they would not be included in her estate. If, however, there was no such designation made then you are legally considered "tenants in common", which means that your mother's share of both the house and the car now pass into her estate to be distibuted according to the terms of her Will (in such a case, your share would not be affected, just your mother's share).


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