Holton, KS asked in Real Estate Law for Kansas

Q: I have a Deed which states:

General Warranty Deed Joint Tenancy (Statutory) Mr. A & Mrs A ,husband and wife AND Mr. B & Mrs. B Husband and Wife Convey and Warrant to Mr. B & Mrs. B as joint tenants with right of survivorship and not tenants in common, all the following REAL ESTATE...

What is the ownership status of Mr. A and Mrs. A if Mr. B and Mrs B pass away?

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Lawrence, KS
  • Licensed in Kansas

A: There is more to a deed than these provisions, so you should consult with an attorney to ensure that the document does what is intended and has been properly recorded. With that caveat, the question posed is in the nature of a hypothetical asking how the language quoted would affect the rights of four people were that language to appear in a deed duly recorded and otherwise conveying a complete interest in the property described in the deed. The persons conveying real estate are the grantors and the persons receiving it are the grantees. The grantors in this hypothetical are the couples A and B. The grantees are Mr. B and Mrs. B, receiving the property as joint tenants with right of survivorship. If Mr. B passes away, Mrs. B. would be the sole owner as a joint tenant with right of survivorship. If both Mr. B. and Mrs. B. passed away--one after the other--the estate of the last to pass away would be the owner of the real estate, to be distributed in accordance with the laws of intestacy (if no will exists) or of testacy, should a will exist. Mr. A and Mrs. A would have no further interest in the subject property unless possibly one of the other of them is an heir or legatee/devisee of the deceased.

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