[ME] If a deed does not state joint tenancy, will my ownership pass automatically to me or can it be affected by a will?

Lexi, Chatbot

I understand how concerning this situation can be regarding your father's property. Can you tell me if the deed was created recently or if it has been in place for some time? Have you had a chance to discuss the specifics of the deed with your father or any other family members?

Seth

Hi there, thank you for your question. I’m Seth, a lawyer here, and I’m already reviewing the details of your question to find the best solution for you right away.

I understand you're dealing with a situation where your father recently added you to the deed for his property, but it doesn't mention "Joint Tenancy" as expected. Have you had a chance to discuss this with a legal professional?

Seth

Got it, you're in the right place for some legal guidance. Could you let me know which state or country the property is located in? This can affect the legal advice I provide.

Seth

Thanks for sharing that. Now, regarding the deed your father created online, do you know if there were any specific instructions or templates he followed when drafting it? This might help us understand why "Joint Tenancy" isn't mentioned.

Seth

Based on your situation, there are several legal considerations and concepts in Maine that could potentially support your case:

A warranty deed is a type of deed where the grantor guarantees that they hold clear title to a piece of real estate and have a right to sell it. This type of deed provides the highest level of protection to the grantee because it includes warranties that the property is free from any encumbrances, except those listed in the deed. (33 ME Rev Stat § 763)

Joint Tenancy with Right of Survivorship (JTWROS) is a form of ownership where two or more individuals hold equal shares of a property, and upon the death of one owner, the deceased owner's share automatically passes to the surviving owner(s). If the deed does not explicitly state "Joint Tenancy" or "Right of Survivorship," it may default to tenants in common, where each party owns a specific share of the property that can be passed to heirs. (33 ME Rev Stat § 159)

The language in the deed stating that it is "subject to the deeds of trust, mortgages, conditions, restrictions, rights of way, easements, and other instruments of record" means that the property is subject to any existing agreements or restrictions that have been recorded against it. This is a common clause in deeds to ensure that all parties are aware of any existing obligations or limitations on the property.

To ensure you become the sole owner, you might need to update the deed to include joint tenancy language or explore other estate planning options.

Seth

To determine whether there are any agreements or restrictions recorded against the property, you can search the public records maintained by the Lincoln County, Maine Registry of Deeds, either in person or through any available online database using the property address or your father’s name.

If you locate relevant documents, you may request copies for a small fee. If the search is difficult or you want a more comprehensive review, you can conduct a formal title search to identify any encumbrances or restrictions.

Seth

That is correct. A warranty deed ensures that the grantor has clear title to the property and can transfer it to you.

However, if the deed doesn't specify Joint Tenancy with Right of Survivorship, then the property may not automatically pass to you upon his death. Instead, it could be subject to probate and divided according to his will or state intestacy laws.

Seth

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Best of luck!