If a mother and daughter buy a house together and the mother dies, does the daughter continue to own the house even though the mother had other kids?

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If a mother and daughter buy a house together and the mother dies, does the daughter continue to own the house even though the mother had other kids?

Asked on January 12, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It i a very good idea to think ahead about these matters.  Estate planning is often overlooked in the big picture.  How the property is held will matter.  If the property is held as joint tenatns alone then the mother's half will go to all the children upon her death with the daughter owning one half plus a percentage of the mother's half).  If the property is held as joint tenants with rights of survivorship then it passes to the daughter upon the mother's death.  The intent of the Mother is key here.  If she wishes the property to go only to that daughter with whom she purchases the house then having survivorship on the deed is key.  Good luck.


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