Q: What should we do about a jointly inherited farm deeded in fee simple?
The deed reads "in fee simple" even though the will states each of us has half interest in the whole farm. We think the lawyer who wrote it made a mistake in not setting up joint ownership. How do we go about correcting the deed?
A: The question is who are the Grantees in the Deed. If it is to the two of you, it should say something like "as joint tenants with right of survivorship" or "as co-tenants" or language to that effect. If it doesn't specify how you share the property, state law probably makes it default to co-tenancy, which means that the two of you each own an undivided 1/2 interest in the property in fee simple. Have a local lawyer review it and tell you what the deed actually does and does not do. Many offer free initial consultations. Good luck.
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