Hellmuth & Johnson’s Carol Moss Secures Bench Trial Victory for Client

Attorney Carol Moss’s client purchased a home with her husband shortly before he passed away. Years later, the client discovered an error in the property’s warranty deed, which caused the home to be held as ‘tenants in common’ rather than ‘joint tenancy’ with her husband as intended. This led to a dispute with the husband’s adult children as to his ownership in the home. The court found that Carol and her client met the law’s high burden of producing “clear, unequivocal, and convincing” evidence that the client and her deceased husband intended to own the home in joint tenancy, leading the court to reform (i.e. revise) the home’s deed and denying the adult children any ownership right in the property.

“I am very pleased that the court sided with my client in this judgment. It’s not easy establishing the intent of a person who has passed away,” stated Moss. “Now, there is no question that my client is the sole owner of her home.”

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