Q: A Jointly owned property with right of survivorship .
Two people jointly own a property with right of survivorship. One person dies . The deceased son inherits all the deceased assets . Does he now own half of the property?
A:
Under the hypothetical you gave, the surviving joint tenant would be the sole owner of the property. If that surviving joint tenant was not the son, he would own no part of the property.
Example: If Dad and stepmom owned the property as joint tenants with right of survivorship and Dad dies, stepmom owns the property. Son may inherit other things if Dad had a will or even if he died intestate. But the JTWROS property will not be part of his estate.
But be careful that it was actually JTWROS and not cotenants. Have an attorney examine the deed to confirm that is your situation.
Kenneth V Zichi agrees with this answer
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