Q: A 3 PARTY JOINT TENANT WITH SURVIVOR DEED WITH MINERALS. WHEN PARTY "A" QCD TO PARTY "B" , HOW MUCH DOES PARTY "C" OWN ?
HOW MUCH DOES PARTY "C" OWN ? IS IT HALF OR THIRD ? AND IF THE DEED HAS BOTH SURFACE AND MINERALS ON IT DOES IT APPLY TO BOTH ?
A: For your answer I am going to assume that the deed to the three people did not give one a greater share than any other. In that case, C would own 1/3 under the facts presented. If A died instead of deeding the property to B, then B & C would own 1/2 each if it was a Joint Tenancy with right of Survivorship.
The question is whether B & C still own the property as JTRS. That would require review of the deed and some research.
At any rate there are many options available to them. Partition (dividing the property or its value), creating a trust or some other option.
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