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  1. #1

    Default Survivorship Clause and Confusing Deed Language

    In the state of Kentucky
    Deed is as follows: (quotes, word for word, including punctuation)
    *sellers names*
    For the consideration of *$$$* dollars, to them paid by the grantees herein, the receipt of which is acknowledged, do bargain, sell, and convey to:
    "Ex mother-in-law"(my grandmother), single, an undivided half interest and to "husband" and "wife",(my father an mother) jointly for their natural lives with the remainder to the survivor of them, an undivided half interest and their heirs and assigns forever, the following described Real Estate, in the city of "Address, location*
    The deed describes the lot number, size, dimensions, as ONE lot. Homeowners insurance insured as ONE house (although it is a two family home) as they would not insure 1/2 a house according to the deed I believe? Both city and county taxed as a single home including the property.
    I write this as one of the so called "survivor(s)" one of 3 grandchildren, son of the only remaining owner on the deed, the "Wife", my mother.
    The keywords as I see them are "undivided", which appears 3 times, "half interest" not ownership, and "survivor" with "heirs"? (This to my understanding defines a "survivorship" clause?) This deed was written in 1984. Might be possibly the terminology has changed? But can't see how that could void this deed?
    The "husband"(my father), who had the deed wrote up, with the help of a close friend, and lawyer, died 1st, in 2003 (the lawyer, died shortly before this, which can’t help the problem?)However, beforehand, made both his wife (my mother), and myself aware of his intentions, that the house would go to family, where THIS mess could not come up, as he knew very well what she (his own mother) was capable of. The ex MIL, (fathers mother) and my grandmother, died early in 2009.
    I have a copy of ex MIL (grandmothers) prior will, which gives no mention of willing her "undivided half interest" of the property to anyone? This last will was dated AFTER grandmother was hospitalized, and diagnosed with a degree of dementia (and lets be honest, she had it for some time) the last will was dated, and before she was put into a Nursing home, with a degree of dementia (Who knows how the POA, now executor bent the rules? After dementia came into play)
    In “Ex-Mil’s” final will, she has donated her “undivided half interest” of the house to an "organization" however I believe, her undivided interest should have bypassed probate, and/or ANY will, and went directly to the last remaining person on the deed, the "wife". (Btw, the Estate lawyer signed the final "Will" as to her being of "sound mind and body" which would seem to be highly questionable?)
    The final thing I see as a problem, is the fact that I have went to the probate office and got a copy of the entire Estate of "Ex-MIL" (my grandmother). The lawyer, in the paperwork claims she owns the "50% interest" (leaving out the term "undivided", is not this lying by omission?) but no copy of the deed to verify that? However, the DEED, which states “undivided“3 times, has been excluded?
    That along with the fact that one of the obituary’s posted in a paper changed my fathers last name to his mothers (ex-MIL) which never was (as he was born to her 1st husband) and stated “no survivors”. Both outright lies! I smell the fact that these are willful deceptions on the part of both the Executor, and the Estate lawyer. Unsure about the Executor, but the Estate lawyer signed the final Will, (After dementia was put on record)
    #1) Does this deed have a "survivorship" clause? (Survivor, which appears 3 times, and heirs, 1 time)
    #2) if in fact this is a "survivorship", and part of the deed, does it supersede any will, and probate? (Keeping in mind the fact that the last will was "highly questionable?")
    #3) the fact (guess that would have to be proven?) that even if the deed could let this happen, which I don't see willing a 50% *undivided 1/2 interest*. Can this be done AFTER 'mental state' was HIGHLY questionable?
    #3) can whoever had the false obituary put in print, (which is still running) in a paper, be held accountable for trying to make a public record which is nothing short of lies?
    #4) my father, (one name on the deed), entrusted me with grandmothers entire worth as to her estate before he died in 2003. The three grandchildren have no concern about her cash worth, but from the estate paperwork, it seems there is a SIZABLE amount of money missing. Can this be brought to the judge/courts attention? As I do wish to see it go to the same organization (where the 50% undivided interest now is willed) as her prior will states.(as the TRUE family has no problem with)
    #5) shortly before grandmother’s death she, and/or her power of attorney (now executor) rented out that section of the house, with no agreement from the only remaining name on the deed. Is this, in itself legal?
    In the estate, that monthly rental sum was disclosed, but we have no idea where it’s going? If it’s deemed that that this whole messes IS in fact in violation of law, can they be held accountable? The occupants have now been next door going on a year.
    #6) Can these people (executor, and estate lawyer) be held accountable for their actions? (Lying by omission and altering facts)
    #7) Finally, I wish to write the judge overseeing this, a letter containing very much the information stated here, along with a copy of the deed (which the estate paperwork excluded) I can’t see where that would be outside the law. This being done to avoid having to hire a lawyer, and pay god knows how much to resolve this? I just want the facts, and truth to be known. As I feel a grave injustice has been set into motion, and it would seem, we are powerless to stop it without a lawyer?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Survivorship Clause and Confusing Deed Language

    That's a colossal mess of a presentation. Please state your question clearly and concisely, providing the exact language from the deed instead of a clumsy paraphrase. Thanks.

  3. #3
    Join Date
    Oct 2007

    Default Re: Survivorship Clause and Confusing Deed Language

    This being done to avoid having to hire a lawyer, and pay god knows how much to resolve this?
    God is not the only one who knows what this will cost. Having done some work in Kentucky, I can tell you that without an attorney, you will not get a dollar in my opinion. That is how things are done in Kentucky. It is set up that way. Get an attorney to sort it out.

    Sorry to be the bearer of bad news.

  4. #4

    Default Re: Survivorship Clause and Confusing Deed Language

    What, too many details, Too many facts to consider? Sorry if this post reads complicated, however, this IS complicated. It might be that I’ve tried to include too many different legal problems in one post, and for that I apologize.
    We, on the “receiving” end have done nothing to deserve this, as we, including her own son, my father, all took care of his mother, the EX-MIL, , for over 24 years, helping her on a daily basis.
    As for the two posts, I have provided the “exact language from the deed” up to the point where it turned into a standard lot number, size and so on. (Was this where I paraphrased?)
    To address the second post, nobody is looking for money, however, according to grandmothers estate paperwork, there seems to be a large sum on money missing. It is that sum we want to be accounted for, and go to the “organization” it was intended for. Mind you, not us, her family, but that does not matter.
    As for the 8 questions (sorry, they are not numbered correctly) I thought they were stated clearly? And the post included all the info available for those questions to be answered
    I can simplify, at the risk of another attempt at a “clumsy paraphrase” (by the way, nice shot, sorry, kidding)
    The home with 3 names on the deed, only one left, my mother. Yet she has had 50% of the house pulled out from under her, and has been in the control of the Executor. The Ex-MIL, my grandmother, changed her last will, (after dementia) and left her “undivided half interest” to the same organization where most of her cash is supposed to go (no family member has any problem with the money) but as for the house, I believe the deed has been violated.
    I believe Executor, and possibly the estate lawyer, has abused the authority given by the court. Some info in the 1st post contains some proof of that. That is what I want to make the judge aware of.

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