What are my rights when there are two owners on a deed and both pass?

UPDATED: Oct 1, 2022

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What are my rights when there are two owners on a deed and both pass?

My momstill married but seperated and another man both went in on a house. in
both of their names, She passed on and he continued to live there. Now a few
years later he has passed. I am unsure what I need to and can do in regards to
his kids and the house.

A handful of people have told me they cannot sell the house without my mothers
signature. others ave said since she is passed they need my signature. I have
also been told that once she passed he gains the house and it goes solely to
his kids. I am unsure exactly what my rights are and what I can and cannot do
or how to go about this situation.

This is in Superior Wisconsin and I live in Minnesota


Asked on August 20, 2018 under Estate Planning, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss and the problems that have arisen.  The key is the deed and how title was held.  They could only hold as either Joint Tenants or Tenants in Common. Joint Tenancy creates a right of survivorship automatically.  That means that when one owner dies the other inherits the property by operation of law - automatically.  Proof required may be only your Mother's Death Certificate.  Tenants in Common does not work the same and your Mother's share would pass to her heirs upon her death.  The deed will tell you your rights and obligations.  Good luck.

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