If a brother and sister share joint ownership of a property and the sister dies without a written Will, does her surviving spouse and children have any claim to the property?
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If a brother and sister share joint ownership of a property and the sister dies without a written Will, does her surviving spouse and children have any claim to the property?
The property was left to the brother and sister by their deceased father.
Asked on October 25, 2011 under Estate Planning, New Hampshire
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Just how does the deed read? If the brother and sister all hold title as "joint tenants with rights of survivorship" (or similar wording), then upon the passing of one of the joint owners the other joint owner becomes the sole owner. In other words, the deceased owner's heirs/beneficiaries have no rights in the property. It is this restriction on the transferability of an owner's interest which is why specific survivorship wording is legally required.
If the brother and sister own the property as "tenants in common", then each owner's share is freely transferable. A tenancy in common can be designated on the face of the deed; if it is not (i.e. if there is no specific wording at all other than the owner's names) it is presumed to be as tenants in common. In such a case, a deceased co-owner's share would be inherited by their heirs/beneficiaries.
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