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Q: The interest that tenants own in a real estate they possess is called?
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When joint tenants take title to the real estate through the same instrument it is called?

Joint tenants must take title under the same instrument and that instrument is called a deed. Under the common law joint tenants must acquire the same interest at the same time. A joint tenancy is based on the legal theory that the tenants own one estate- together. Therefore, when one dies their interest is extinguished and the survivor is now the sole owner of the estate. Note also that property can be acquired as joint tenants pursuant to a will that specifically states the property so devised is to be held as joint tenants.


In MA is a home considered an estate upon death of a spouse?

If the property was owned by the couple as joint tenants or tenants by the entirety the decedent's interest passes automatically to the surviving spouse and is not part of the probate estate. If the property was owned solely by the decedent it becomes part of the estate.


If two people are on a home deed and one passes away what happens to that person's interest in the home?

The answer depends on the deed by which the two acquired their interest in the property. If the property was acquired as tenants by the entirety or as joint tenants with the right of survivorship, the survivor automatically owns the property. If the property was acquired as tenants in common, the interest of the decedent will pass to her heirs at law under the laws of intestacy and her estate must be probated providing she didn't name a beneficiary by will. If there was a will and a named beneficiary the estate must be probated for title to pass to the beneficiary.


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

It depends on how the co-owners held title. If by survivorship the property automatically will become the sole property of the survivor. If held as tenants in common the decedent's interest will pass to their estate and distribute to their heirs.It depends on how the co-owners held title. If by survivorship the property automatically will become the sole property of the survivor. If held as tenants in common the decedent's interest will pass to their estate and distribute to their heirs.It depends on how the co-owners held title. If by survivorship the property automatically will become the sole property of the survivor. If held as tenants in common the decedent's interest will pass to their estate and distribute to their heirs.It depends on how the co-owners held title. If by survivorship the property automatically will become the sole property of the survivor. If held as tenants in common the decedent's interest will pass to their estate and distribute to their heirs.


Type of ownership joint tenants with survivorship vs tenants in common?

By owning property as joint tenants with the right of survivorship, when one dies the survivor automatically becomes the sole owner and there is no need for probate. By owning as tenants in common, when one dies their half interest passes to their heirs by will or by the laws of intestacy. In that case their estate must be probated.


Does joint tenant with rights of survivorship guarantee 50 percent ownership if property is sold?

Yes, if there are two owners. Joint tenants have an equal interest in their real estate by law.


When does residential property fall outside a decedent's estate?

When it is owned as tenants by the entirety or joint tenants with another person.


Can the estate of a deceased person take a home away from a co-buyer that has already taken over payments on the home and has been living in the home for years?

That all depends on the tenancy under which the co-owners acquired the land by their deed.If the co-owners acquired as tenants in common then the decedent's estate owns a one-half interest. In that case, the surviving co-owner would need to buy out the heirs in order to keep the property and the estate should pay half the expenses until the transfer of interest is made.If the co-owners acquired as joint tenants with the right of survivorship then the decedent's interest automatically passed to the surviving co-owner and the decedent's estate got nothing.


When husband dies and ex-wife is on deed as joint tenant with survivorship to assure her interest of 25000 he owed her does new wife have any rights to property?

No, the new wife has no interest in this property. When one of the two tenants who hold title to a parcel of real estate as Joint Tenants With Right Of Survivorship dies, the surviving tenant instantly gains sole title to the real estate by operation of law.


Who owns the legal interest called the leasehold estate?

The tenant owns the legal interest in the leasehold estate. The fee owner is the one who actually owns the property but the property is subject to the lease.


What if property is listed as joint tenants with rights of survivorship and there are other living children?

If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.


Your mother died and you are on the deed together does that mean that the property is not part of her estate?

This situation depends on the tenancy that was recited in the deed. If you were joint tenants with the right of survivorship then full ownership automatically passed to you upon your mother's death and there is no need for probate. However, if you owned as tenants in common, your mother's half interest would pass to her heirs at law and the estate would need to be probated for title to vest in the heirs.