If my brother passed away with no Will and we jointly own property with our other sister, do my brother’s children inherit his portion of the property?

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If my brother passed away with no Will and we jointly own property with our other sister, do my brother’s children inherit his portion of the property?

Asked on July 23, 2012 under Estate Planning, New York

Answers:

Roman Aminov / Law Offices of Roman Aminov

Answered 8 years ago | Contributor

Mr. Slater answered the question well. If he owned the property jointly with you with rights of survivorship, then the children dont get anything. If it was owned as tenants in common, his children get his share. It is best to have an attorney look over the deed.

david slater / david p.slater, esq.

Answered 8 years ago | Contributor

If owned "Jointly, with right of survivorship", no.  If merely owned jointly, it is as tenants in common and his children may be entitled to his share. His will, may dictate differently.


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