Q: Mother and daughter own a parcel of land. The daughter passed away. Would her kids inherit the daughters 50% share?
Mother and her daughter had joint ownership of a parcel of land in Swain County,NC. The deed states Daughters name "AND" the Mothers name as owners. The Daughter as passed away but has children. Would the Daughters 50% portion of the land ownership automatically go to her living children or does the Mother automatically assume 100% ownership of the property?
The daughter did not have a "Last Will and Testament", passing her share of the land to her children.
The land deed is a quick claim deed.
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A: You have not stated the exact granting and habendum clauses, and have not searched the title. But assuming only what you stated, the Daughter's issue take her issue as tenants in common with the Mother. Have a NC check the title to determine ownership and encumbrances.
A: Unless the deed specified the mother-daughter ownership as joint ownership with rights of survival, the daughter's children should own the daughter's 50% interest in the property.
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