Does a spouse have claim to estate co-owned with another person?

UPDATED: Apr 17, 2019

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Does a spouse have claim to estate co-owned with another person?

I co-own land with my parent and there are only 2 people on the deed. If my parent remarries, will his spouse have claim on the property in case of his death?

Asked on April 17, 2019 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you and your parent own the land as "tenants in common," then on the parent's death, his spouse will almost certainly inherit his share of or interest in the land. 
If you and your parent own the land as "joint tenants with right of survivorship," then on your parent's death, you get your parent's share or interest.
Check the deed or title to see how the two of you own the land.

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 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.

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