If my elderly mother is buying a house, how should deed read if upon her death the house is go to my sister?

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If my elderly mother is buying a house, how should deed read if upon her death the house is go to my sister?

Should the house my mom is buying be put in her name with survivorship going to my sister?

Asked on May 10, 2012 under Real Estate Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are doing some estate planning here which is great.  But you should really speak with some one in her area.  "rights of survivorship" comes when both names are listed on the deed and then when one party passes away the other is the owner "by operaion of law" meaning you need not do anything else to transfer the proeprty.  With spouses it is automatic (generally speaking).  With others who are not married it needs to be stated on the deed.  List both Mom and Sis and put those words.  Good luck.


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