If a mother owned a home with 2 daughters as a joint tenancy with right of survivorship, can any remaining children get a portion of the mother’s share of the home?

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If a mother owned a home with 2 daughters as a joint tenancy with right of survivorship, can any remaining children get a portion of the mother’s share of the home?

Asked on June 26, 2013 under Estate Planning, Virginia

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

No, the other children can not get a portion of the mother's share.  Joint tenants with rights of survivorship means just that.  When one tenant dies, the remaining tenant(s) get the property 100%.  The only way would be if the property was retitled.


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