When co-owners of real property die, who inherits it?
Question Details: A deed with 2 names. One of the owners dies about 7 months ago and the other owner passed away 3 months later. The first to die had a Will leaving the property to her children. The other owner had no Will and recently her daughter switched the deed over to her name trying to take control of the property to sell. Is this legal? The first deceased owner has 2 daughters who have lived there for over 20 years. Do they have to move immediately? Who has legal claim to this property?
I am so sorry for your loss and for the situation as it is. So I am assuming that the property was not held with "rights of survivorship" since one of the parties gave their half via a Will. Half of the property from the first wman who died went to the two daughters. They each own one quarter of the property. The other half of the property was passed to the heirs of the other owner via the intestacy statute. If she had only one daughter then that daughter owns it all. You would have to look at the statute and know her descendants. They own it equally. You need to speak with a lawyer to have the deed set aside and have a new deed filed that correctly lists the ownership. The other daughters do not have to move but there may be an issue of rent to the other woners. Good luck.
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