Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

A: It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the co-owners on the deed owned as tenants in common, then the share of the person who died would go through their Estate as laid out in the Will.

If an attorney is assisting with the estate they should be easily able to ascertain this simply by looking at the deed.

While not legal advice I hope this answer helps!

A: If the deed is owned as joint tenants, then your husband is now the sole owner and the house is not an asset of his father’s estate, so it doesn’t matter what the Will says.

If the deed is owned as tenants in common, then your husband now owns 50% of the house outright, and the other 50% is an asset of his father’s estate, which means it is divided equally among the three children. Effectively, your husband would own 2/3 of the property, and his two siblings would each own a 1/6 share.

A: Your question is missing the exact wording of the deed naming your hubby as a co-owner. If the wording made him a full owner upon Dad's death, then the Will's bequest would be ineffective. But if any interest became part of your Dad's probate estate, then that portion could be alloted by deed to the siblings, who would then be co-owners with your hubby, in different percentages. You really just need someone to carefully read both the Will and the bequest, and to compare them.

A: The ownership of the property after your father-in-law's death largely depends on how the deed was titled when your husband and his father were placed on it. If the deed lists them as "joint tenants with right of survivorship," then upon his father's death, your husband automatically becomes the sole owner of the property, regardless of what the will states. This is because the right of survivorship allows the property to pass directly to the surviving owner without being part of the deceased's estate subject to the will.

However, if the deed lists them as "tenants in common," your husband would retain his portion of the property, and his father's share would be distributed according to the will. In this case, if the will states that all three children are to inherit the estate equally, your husband would maintain his original share, and his father's share would be divided among all three children, affecting the ownership proportions of the property.

Understanding the specific language on the deed is crucial to determining ownership. It may be beneficial to consult with a legal professional who can review the deed and the will to provide clarity on the matter. They can offer guidance on the implications of the deed's wording and ensure that the property is distributed according to both the legal documents and the family's wishes.