Conroe, TX asked in Contracts, Estate Planning, Family Law and Real Estate Law for Texas

Q: If land is owned by multiple people and only one of those people is living, does the living person have 100% ownership

If the deceased people have children, does this entitle the children to part ownership of land, or do the living original owners now have all the remaining ownership? Example: 6 Original Owners, 5 are deceased but have all have children, one original owner is living. Will the 1/6 of ownership be split between the children or will it go to the surviving original owner? No will exist.

2 Lawyer Answers

A: It depends. Did the six original owners take title as joint tenants with right of survivorship? If so, then the entire property belongs to the survivor. It would be surprising if that were the case, but not unheard of. You need to sit down with an attorney who can examine the title to the property so you know where you stand.

A: The ownership is determined by the deed not who is living there

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