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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption