How does an inheritance work regarding a property held as joint tenants with rights of survivorship?

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How does an inheritance work regarding a property held as joint tenants with rights of survivorship?

The deed on the property has my brother, sister and my mom only on it. It is as joint tenants with rights of survivorship (not as tenants in common). I need to know, since my mom left me 1/3 of her real estate in her Will, does that put me back on the deed? What percentage would each of us own and can we file a partition forcing my sister, who is executor of the Will, to sell to settle the estate?

Asked on June 1, 2012 under Estate Planning, Illinois

Answers:

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

Answered 9 years ago | Contributor

I'm afraid you are out of luck here. If the property in question was held as "joint tenants with right of survivorship", this means that upon the death of one of the tenants, the remaining tenants share in equal ownership. There is no 1/3 interest to pass into the estate. The situation would have been different if the property was held title as "tenants in common"; in that case the deceased's share would in fact have passed as an asset into their estate. However, such is not the case here. You do, however, still have a 1/3 interest in the estate itself.


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