If 2 people own a small plot of land and 1 of them dies, are the deceased’s children entitled to the proceeds from the sale of the property?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If 2 people own a small plot of land and 1 of them dies, are the deceased’s children entitled to the proceeds from the sale of the property?

How do you remove the deceased person’s name from the deed?

Asked on February 17, 2018 under Real Estate Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on just how title to the property is held. If the deed reads both of names followed by the words "with rights of survivorship", then then are "joint tenants". This means that upon the death of 1 owner, the other owner is automaitcally vested with 100% ownership as a matter of law. If, however, there is no such language then title is held as "tenants in common". This means that the deceased's estate stands in their place and their benefeciaries/heirs are entitled to their 1/2 ownership share.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on just how title to the property is held. If the deed reads both of names followed by the words "with rights of survivorship", then then are "joint tenants". This means that upon the death of 1 owner, the other owner is automaitcally vested with 100% ownership as a matter of law. If, however, there is no such language then title is held as "tenants in common". This means that the deceased's estate stands in their place and their benefeciaries/heirs are entitled to their 1/2 ownership share.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption