What share of land would heirs get if one owner predeceases another?

UPDATED: Oct 24, 2018

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What share of land would heirs get if one owner predeceases another?

My father and his brother inherited land from my grandfather. The warranty

deed says the heirs are entitled should one brother predecease the other. Do

the heirs split half the property among themselves or does the surviving

brothers and heirs all get an equal share?

Asked on October 24, 2018 under Estate Planning, Texas


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

Answered 4 years ago | Contributor

What you have written here is not enough to determine who gets what in the event of one of the owner's deaths.  For one owner to inherit the entire property from the other owner upon that owner's death, the property must be held with "rights of survivorship."  Those words are the ones generally used so that it is clear.  If two parties own property without the right of survivorship between them then when one party passes away his or her share is left to his surviving descendents either via Will or Intestacy Statute.  Then the heirs of the deceased brother split one half.  The other brother still owns his half.  Good luck. 

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