Q: All property of the deceased is to be divided equally, but only 1 child is on the deed to a home, and there are 2 kids?
My grandmother passed away, and per her will, all property should be divided per stirpes, and not per capita. My aunt is on the deed to my grandmother's home, but my mother is not. they are the only two children...since my aunt is on the deed to that house, does that remove that property from the "property" that is to be divided between the surviving children?
A:
You probably need to have an attorney review the deed for you before you are able to get a definitive answer. In general if someone else is listed on a deed and it includes the language “joint tenancy with rights of survivorship” then the surviving owner owns the entire property upon the death of the other owner. A Will does not govern assets that pass automatically as in my example above. The result will depend on the exact wording of the deed.
The Will only governs assets that are in the sole name of the deceased and have not otherwise passed through another mechanism.
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