Who inherits property if both co-owners die?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who inherits property if both co-owners die?
My father-in-law and brother-in-law own 5 acres of land jointly. My brother-in-law is not married. If he dies the land goes to dad. If both die, will the land revert to mom?
Asked on December 8, 2011 under Real Estate Law, Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the 5 acres of land is held in joint tenancy that you are writing about between your father-in-law and brother-in-law, and assuming the joint tenancy deed is not changed where one of the owners then passes away, the survivor of the two would end up owning the 5 acres by operation of law.
The surviving owner can then Will the 5 acres to whomever he desires, sell it, or give it away. From the question, there is nothing indicating that the land would revert to the mother with the exception that if the brother-in-law gets the property in the end and he dies without a wife or any children and no Will. In that case, the land would go to the mother-in-law assuming she survives her son.
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 AttorneyPages.com 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.