Asked in Estate Planning

Q: My father owns property jointly with his 2 brothers. What happens to his share when he passes away? Can it be willed?

Related Topics:
1 Lawyer Answer
Jackie Marie Howard
PREMIUM
Jackie Marie Howard
Answered
  • Estate Planning Lawyer
  • Roseville, CA

A: It would depend upon how he took title to the property with his brothers. Real property can be owned in several forms. For example, it can be owned as joint tenancy with rights of survivorship (the survivor owns the property) or as tenants in common (the estate of the deceased administers the share owned by the deceased according to the Will, if one exists), to name a few. You would need to look at the deed to determine how title ownership reads.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.