At work today, I saw some information regarding a deedholder (whom I’ll call Jane Doe). It referred to said deedholder as “Jane Doe, survivor of herself and the deceased John Doe…”
I’ve looked on some legal terminology websites, and can’t find an explanation for the term “survivor of herself.” I’m sure it’s a proper legal term, but could someone give me some detail as to what it means, precisely?
IANAL.
She’s not the survivor of herself; she’s the survivor of “herself and the deceased John Doe.”
You usually hold real property with your spouse as tenants by the entirety, meaning you both own all of it.
bup, you mean, of the two of them, she is the one which survives?
I guess that makes sense, in a way. It may be legally necessary for it to be worded that way in the case of jointly held property.
And I ain’t no lawyer, either. I hope minty green, Billdo, Zappo, or some other lawyerly-types find this thread.
I’m a lawyer, I’ve never heard this phrase before, but I’d guess that bup has the right of it.
–Cliffy
Agreed. She and John once held the property in joint tenancy or tenancy by the entireties. Both of these methods of holding property automatically the interest of the first to die to the survivor. This happens without any deeds or court orders, so there is nothing of record in the chain of title that establishes that she can now convey the entire property.
If she deeds to a third party by warranty deed, that deed might refer to her as described in the OP, which would act as a warranty that John is indeed dead and the deed is therefore valid.
arg. automatically CONVEY the interest.