Who inherits property if both co-owners die?

My father-in-law and brother-in-law own 5 acres of land jointly. My brother-in-law is not married. If he dies the land goes to dad. If both die, will the land revert to mom?

Asked on December 8, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the 5 acres of land is held in joint tenancy that you are writing about between your father-in-law and brother-in-law, and assuming the joint tenancy deed is not changed where one of the owners then passes away, the survivor of the two would end up owning the 5 acres by operation of law.

The surviving owner can then Will the 5 acres to whomever he desires, sell it, or give it away. From the question, there is nothing indicating that the land would revert to the mother with the exception that if the brother-in-law gets the property in the end and he dies without a wife or any children and no Will. In that case, the land would go to the mother-in-law assuming she survives her son.


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