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How is real property divided when one of the signers or owners dies?

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βˆ™ 2006-07-29 12:13:12

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Depends on the state law, of the state the property is located. Typically, if there is no will, or a will with no dictation of the property, then the property goes to the co-owners by default. Same with bank accounts. * The wording of the titling of real property always determines how said property can be partitioned, sold or transferred.

2006-07-29 12:13:12
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Q: How is real property divided when one of the signers or owners dies?
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Who is actually the owner on a survivorship warranty deed?

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Texas property 48 ac plus home owned by husband and wife with 6 children husband dies how is the property supposed to be divided?

Assuming no Will, if community property, then all goes to wife. If separate property, then divided between wife & kids.


If the deed to a property is recorded jointly and one of the owners dies can family members of the decedent claim the decedents share of the property?

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How is the deceaseds property distributed in case a person dies without a will?

Every state has intestate laws, that outline how a person's estate will be divided if he/she dies without a will, or intestate.


If you have lifetime rights to a home but the home owner dies what happens?

If you have a life estate and the property owner died then you retain your life estate and the property owner's heirs are the new owners.


What does it mean when it says on a deed is joint with right of survivorship?

That means if one of the owners dies the other will automatically become the sole owner of the property.


If you are the only heir and your mother dies in South Carolina with the house in both your names what do you do?

Generally the deceased share of the property will automatically pass to the surviving owners. The status of the property would however, depend upon the wording of the property deed.


Is joint property and community property mean the same in New Jersey?

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What is right of survivorship in property?

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If boyfriend and girlfriend have both names on deed and boyfriend dies can his brother become executor of property?

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Who pays the bills when a property is titled JTWRS?

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What happens if you die without a will in Ohio?

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After a person dies who was in a nursing home what rights does facility have to get any money owed?

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What is a life estate owner?

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How is property divided when it is not held as Joint Tenants by three people and one of the owners die?

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If a Deed is in mom and dad and daughter's names and one dies would the other two automatically own the property?

It depends on the tenancy recited in their deed. If the owners hold title by a joint tenancy with the right of survivorship when one dies their interest passes automatically to the surviving owners with no need for probate. If the owners hold as tenants in common, the interest of any owner who dies passes according to their will or the state laws of intestacy. You can check the laws of intestacy in your state at the related question link provided below.


Is there a document to establish ownership of a property after one of the owners dies?

If the parties owned the property by a survivorship deed the survivor only needs to record a death certificate in the land records as proof of death. The interest owned by the decedent passes automatically to the survivor.


What is the law in Indiana when their is a quit claim deed on property and the co owner dies?

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What happens to a home if a person dies that holds the deed?

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When a spouse dies with property that is inherited in Ohio does that property convey to the surviving spouse if there is no will?

yes


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Estate tax is levied when a person dies