Q: Undivided Property
When two people share equal interest in a parcel of undivided property and one passes away, do their heirs get equal shares with the remaining original interest holder?
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A: Yes if the two original owners were tenants in common. If not, then intestate succession will be different.
A:
If two people share an equal interest and one dies, the deceased person's 50% interest passes to that person's heir(s). The deceased person can specify in a Will the interest that each will get; otherwise, it passes in accordance with the laws of intestate succession. That may mean the heirs each get an equal interest (for example, if the heirs were the decedent's children) or an interest per stirpes (for example, if the heirs include both some of the decedent's children and grandchildren of a predeceased child of the decedent).
In any event, the other person who originally owned an equal interest with the one who died retains his/her 50% interest.
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