Summersville, WV asked in Real Estate Law and Estate Planning for West Virginia

Q: Can a grantee in a jointly survivorship deed will their share of property to heir?

Deed of mother(deceased) granting right of survivorship to myself,brother,sister. Brother that is ill, deeded in will his third of the property to his son. 78 acres was supposed to be equally divided between the three of us with the property going to last survivor as stated in deed. Have not seen will or deed he supposed to

have created. With survivorship broken , legally can I be cheated out of my third?

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: A joint tenancy cannot be broken by a will. When one of the siblings dies his or her share will pass to the others pursuant to the survivorship aspect of the existing vesting.

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