How to transfer a co-owner’s share of property to their family?

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How to transfer a co-owner’s share of property to their family?

My name and my brothers name are on a property deed. If I should die how how would my share of the property go to my wife or my son?

Asked on June 10, 2011 under Real Estate Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you and your brother are joint tenants with right of survivorship, the property would go to the survivor.  If your brother is the survivor, the property would go to him.

If you and your brother are NOT joint tenants, then if you were to die intestate (without a Will), your share of the property would go to your wife.  If you were to die intestate with no surviving spouse, your share of the property would go to your son. 

If you have a Will, you can designate the beneficiary (the person who is to inherit your share of the property).


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