I was really just going to leave this thing alone eh, but...
Quagmire...sorry to hear about your mom. I hope things improve on that front.
As for the land, the first thing you need to find out is how the ownership is based. Does your mother and her sister own the land together? and if so, is it TENANCY IN COMMON or JOINT TENANCY?
If it is TENANCY IN COMMON, then you do not have any problem because your mother share will go to whomever she wants, if she has a will. If not, that you have to move on that right away.
Key words being IF SHE HAS A WILL... from what I read there is no will. Without a will any further argument as to the type of ownership is moot as the legal challenges faced by beneficiaries may prove daunting if not insurmountable.
If the land is owned in JOINT TENANCY, there is nothing to my knowledge that you can do without your aunt or other owners' permission. Joint Tenancy means that when one of the owners of the property dies, the deceased share of the property goes directly to the others, in this case your aunt.
So while I am not a lawyer, my advice would be figure out the ownership first and then get a will or a POWER OF ATTORNEY for you to handle your mother's assets.
If your mother owns the land fully, your aunt and/or other relatives cannot just swoop in and get it since there are children.
If the land is owned in Joint Tenancy any of those joint tenants can partition off and sell their share. Once that share is sold the new owner becomes a Tenant in Common with the existing partner owners (who retain their joint tenancy with each other only, not with the new owner). Q if your mother is a joint tenant with anyone else she must sell her share before she dies...she cannot pass her ownership onto any beneficiary, it must be sold...even if to one of you. Must be sold.
This is almost correct.
Joint tenancy , means if one of the parties passes away then there is rights of survivor, meaning the remaining survivor (s) acquire and there is nothing that can be done about it.
The property can be sold before death as stated above.
If it is tenancy in common, then the land will be passed on to whomever the beneficiaries are and cannot be contested because there should be a deed .
Dead wrong. The estate and it's execution can always be contested...especially if there is NO WILL. Without a will then the estate can be challenged by all comers.
There should be a deed that discribes the type inheritance , either joint tenancy or or tenancy in common. For tenancy in common the deed will describe the split.
If no deed exists then you will have to prove intention of tenancy in common , meaning that the original owner intended such before he or she died.
This could prove very difficult.
Consult the trini lawyer, get a copy of the deed and move on from there.
Again my thoughts are with you.
Hope the tyke is fine.
If it is tenancy in com
This again is dead wrong. Tenancy in Common is the preferred type of ownership in the eyes of the law, which would prefer to do away with Joint Tenancy. Therefore where the language is unclear the law is inclined to construe ownership as a Tenancy in Common...and it is Intent to create a JTWROS that must be proved to overcome the presumption of a TIC. Intent in this regard is indeed extremely difficult to prove absent some form of writing.
----------------------------
Quagmire out of respect for and what you're going thru I didn't want to get into some sort of back and forth or any discussion really regarding the type of ownership because regardless the type of ownership the first step should be to consult a lawyer. I won't discourage you from consulting a lawyer in Trinidad, indeed that is preferred. However, if I read the situation right and your mother does not have a will, you do not have the luxury of waiting until you can have her meet with a lawyer in Trinidad. Not only is her mortality at hand, but there may be issues regarding her competency as well...there must be something put in writing IMMEDIATELY, this means that the will must be drawn up wherever your mother is. If she can travel to Trinidad then perfect...if you can get a Trini Wills and Trust lawyer (not just any lawyer will do, it must be one versed in the law as you cannot afford any errors in the language used to create the will) to fly up to Canada then that good too...if you can get neither, then get a Canadian attorney to draw up the will.
I'm not one for putting my business on the internet, so if you have any questions regarding the source of my information just shoot me a PM and I'll be more than willing to share.
Bless.
