If my mom and dad owned land with both of their names on deed and my dad died 35 years ago, what does she get?

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If my mom and dad owned land with both of their names on deed and my dad died 35 years ago, what does she get?

How much of the land is hers?

Asked on November 30, 2015 under Real Estate Law, Virginia

Answers:

G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The answer to this question depends on how they owned the property. Did they own as tenants in common or did they have a joint tenancy? If they were tenants in common then each individual can assign their portion to whomever they choose. With a joint tenancy, the ownership passes to the other person on the deed. Normally, married couples opt for joint tenancy.


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