Would I inherit my wife’s inherited property upon her death?

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Would I inherit my wife’s inherited property upon her death?

My wife along with 2 her sisters inherited a track of land from their deceased parent. All 2 are listed on deed. If my wife passes, would I automatically obtain her third of the property? My wife and I have a joint Will.

Asked on June 5, 2017 under Estate Planning, North Carolina

Answers:

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

Answered 3 years ago | Contributor

It depends on just how your wife and her sisters are listed on the title. If it is as "joint tenants with rights of survivorship", then upon her death her 2 siblings were automatically vested with 50% ownership each in the property. However, if there was no such designation, then they held title as "tenants in common". In that event, your wife's share would become a part of her estate. Assuming that you were her only beneficiary or the propety was gifted to you only, then you would inherit her share.


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