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If numerous children inherited land from their parents what happens to the individual interests in the land when the children die?

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2013-11-26 17:33:36
2013-11-26 17:33:36

First, the last surviving parent's estate must be probated in order for legal title to pass to the heirs. If there was no will the property would pass to the heirs at law under the laws of intestacy and they would hold title as tenants in common.

If that parent left a will it depends on the language in the will. If the will specified they would own the land as joint tenants then as each sibling dies his interest would go to the remaining siblings. If the will didn't specify a tenancy then the siblings would own the land as tenants in common. In that case, as each sibling died their interest in the land would pass to their respective estates and pass according to will or the laws of intestacy.

Note that land owned as a tenant in common must pass through probate in order for legal title to pass to the heirs. Therefore, as each of the original children died and if they held title as tenants in common, their estates would need to be probated.

You can check the laws of intestacy in your state at the related question link.

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