Would I inherit my wife’s inherited property upon her death?

My wife along with 2 her sisters inherited a track of land from their deceased parent. All 2 are listed on deed. If my wife passes, would I automatically obtain her third of the property? My wife and I have a joint Will.

Asked on June 5, 2017 under Estate Planning, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on just how your wife and her sisters are listed on the title. If it is as "joint tenants with rights of survivorship", then upon her death her 2 siblings were automatically vested with 50% ownership each in the property. However, if there was no such designation, then they held title as "tenants in common". In that event, your wife's share would become a part of her estate. Assuming that you were her only beneficiary or the propety was gifted to you only, then you would inherit her share.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.