IfI own a joint tenancy with my father who died, can someone else take it from me?
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IfI own a joint tenancy with my father who died, can someone else take it from me?
My father and I bought a house and 3 acres together. Joint tenancy is on the deed. Does that mean it’s mine in surviorship?
Asked on December 9, 2011 under Real Estate Law, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As long as the deed clearly indicates that you and your father held title as joint tenats with rights of survivorship (this form of ownership generally can only be created by express agreement), you are now vested with 100% title to the property. In a joint tenancy, co-owners share equal ownership. What this means is that upon the death of a joint tenant, the property automatically passes to the surviving joint tenant(s). The deceased joint tenant's Will (or state intestacy law, if someone dies without a Will) does not control who gets the property.
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