If my dad, his brother and their 3 sisters own a small piece of property but my uncle died a year ago, who now owns his portion of that property if he died without a Will?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my dad, his brother and their 3 sisters own a small piece of property but my uncle died a year ago, who now owns his portion of that property if he died without a Will?

Asked on August 30, 2016 under Real Estate Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It depends on just how title to the property is held. Are the names listed followed by words such as "with rights of survivorship"? If so, then the propety is held in "joint tenancy" which means that the remaining property owners increase their share in the property proportinately. In other words, they keep it and it does not go to your uncle's heirs. If, however, the deed does not contain this language, then the property is held as "tenants in common", which means that your uncle's share becomes a part of his estate. In this case, since your uncle died without a Will (i.e. "intestate"), his assets (after creditors are paid, etc.), go to his heirs which would be his surviving spouse and his children. At this point, you can consult directly with a local lawyer for further advice.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption