If my sister and I inherited a mobile home and then passed away, does my brother-in-law have any rights to it?

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If my sister and I inherited a mobile home and then passed away, does my brother-in-law have any rights to it?

I’m now 52 it has been my mom’s for 46 years. There are 14 acres with a mobile home on it that are now being divided.

Asked on September 13, 2019 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on how you and your sister owned the home together. If you and she were "joint tenants with right of survivorship" or JTROS, when she passed, you, as the surviving joint tenant, became sole owner. Her interest in the home did not become part of her estate and was not inherited by him. However, if the two of you owned it as "tenants in common," then you and she each had separate 50% interests in the property. In this case, he would inherit her interest or share, and you and he are now co-owners. Check the title to see how you and she owned the home.


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