Spouse has been dead less than a year. Can property owned tenants by the enterities with right of survivorship be sold?

How do you get all property to the surviving spouse in a common property state?

You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.

How do you know if you have right of survivorship on a property you own with a non-spouse?

A right of survivorship must be set forth in the deed by which you acquired your property. If the deed doesn't state you received the property as "joint tenants", or as "joint tenants with the right of survivorship" which is required in some jurisdictions, then you own as tenants in common and have no survivorship rights. If you review your deed and the answer isn't clear you should consult with the attorney who represented you at your closing who can draft a confirmatory deed with survivorship rights if necessary.

Does property have to go to probate if one spouse is deceased and the surviving spouse is also listed on the Missouri warranty deed?

It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.

According to NY law if one spouse dies and the property was in both names who becomes sole owner of property?

In New York, if property is held jointly with right of survivorship between spouses and one spouse dies, the surviving spouse becomes the sole owner of the property. This means that the property automatically transfers to the surviving spouse outside of the probate process.

What happens to jointly owned property in a non-community property state in the event of the death of a spouse?

If the real property is owned as tenants by the entirety or joint tenants with the right of survivorship the interest of the decedent automatically passes to the surviving spouse and they need to do nothing except record a death certificate in the land records.

In North Carolina if husband and wife are both on a deed to a home and one dies can the other person sell?

That depends on how they held tenancy. If they held with the right of survivorship then the surviving spouse would own the property. There would be survivorship rights in a tenancy by the entirety or a joint tenancy with the right of survivorship. If they held as tenants in common others may have an interest in the property if the decedent didn't devise their share to the surviving spouse by will.

If both spouses are on the house deed and one dies can the children go after the house?

That depends on how the property was titled. If the spouses owned as joint tenants with the right of survivorship or tenants by the entirety (as most married couples do) then you have no claim whatsoever. In that case, the property automatically passed to the surviving spouse. If it happens the property was owned as tenants in common then you may acquire an interest in your deceased parent's half along with the surviving spouse providing the parent didn't leave the property to their surviving spouse by will. First check the tenancy on their deed.

How do you re-register joint property upon death of a spouse?

If the property was owned as joint tenants with the right of survivorship the decedent's interest automatically passed to you. All you should need to do is record a death certificate in the land records to clear the title.

What happens to real property when a person dies intestate living in a non community property state and is married but has one child from a previous marriage?

It is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.It is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.It is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.It is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.

Does widowed spouse inherit as right of survivorship or joint tenant in VA?

If she and her husband were both on the deed, it will be survivorship. If not, she will have a claim on the property.

If property purchased and deed was 'joint tenants with right of survivorship' doesn't property belong to spouse after the divorce then death of ex-spouse if neither party remarried?

As long as there were no changes made to the tenancy by deed the joint tenancy would remain intact and the title to the property would automatically pass to the survivor. The situation would be different if the property was held by a tenancy by the entirety.

What happens when a married person dies and leaves no will?

Generally, when a married person dies intestate (without a will) any interest in property held with the spouse as joint tenants with the right of survivorship, or tenants by the entirety, automatically passes to the spouse. Any individually owned property passes according to the laws of intestacy. Those general rules govern non-community property. Property is distributed differently in community property states. See the related question below for a link to state by state intestacy laws.