Q: What happens when two people not related bought a house 27 years ago and one dies ?
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
The answer to your question depends on how the two individuals took title to the property. If the property was held in a "joint tenancy" (e.g., deed conveyed to "________ and _________, as joint tenants") then upon one joint tenant's death, the other joint tenant will receive his/her share by "right of survivorship." On the other hand, if the property was not held in a joint tenancy, then each co-tenant's share will pass according to his/her estate plan (will or living trust) or by intestacy laws. Be sure to consult your own attorney to protect your legal rights.
A: If the co-owners took the property as joint tenants with right of survivorship, then the surviving co-owner would take the entire property. If the co-owners took the property as tenants in common, then the decedent would be able to pass his share of the property by will or under the laws of intestacy.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.