If I inherited a property, does that make me a first or second owner?

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If I inherited a property, does that make me a first or second owner?

My parents passed away and the house was left with the children. We are asking the contractors who put in the windows to provide new windows under the warranty given to my parents. Since we never purchased the house, however inherited the house from our parents and the title is free and clear, does that make the children still the first owners? The company will not uphold the warranty if we aren’t the first owners.

Asked on July 27, 2018 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you are the second owners. The law uses a common sense, plain language analysis of this: you are NOT your parents (the first owners) but instead acquired it from them, making you second owners. Whenther you inherited, bought, or were gifted the house is irrelevant: you are not the ones who owned it previously.


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