If 2 people own a small plot of land and 1 of them dies, are the deceased’s children entitled to the proceeds from the sale of the property?

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If 2 people own a small plot of land and 1 of them dies, are the deceased’s children entitled to the proceeds from the sale of the property?

How do you remove the deceased person’s name from the deed?

Asked on February 17, 2018 under Real Estate Law, South Carolina

Answers:

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

Answered 3 years ago | Contributor

It depends on just how title to the property is held. If the deed reads both of names followed by the words "with rights of survivorship", then then are "joint tenants". This means that upon the death of 1 owner, the other owner is automaitcally vested with 100% ownership as a matter of law. If, however, there is no such language then title is held as "tenants in common". This means that the deceased's estate stands in their place and their benefeciaries/heirs are entitled to their 1/2 ownership share.

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

Answered 3 years ago | Contributor

It depends on just how title to the property is held. If the deed reads both of names followed by the words "with rights of survivorship", then then are "joint tenants". This means that upon the death of 1 owner, the other owner is automaitcally vested with 100% ownership as a matter of law. If, however, there is no such language then title is held as "tenants in common". This means that the deceased's estate stands in their place and their benefeciaries/heirs are entitled to their 1/2 ownership share.


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