Sunday, June 22, 2014

If you inherit unimproved property in a will jointly with a sibling and the sibling dies 5 years later, does the property become solely your...

Question

If you inherit unimproved property in a will jointly with a sibling and the sibling dies 5 years later, does the property become solely yours or can the deceased sibling in turn will their half to another person?



Answer

It depends on how you and the sibling owned the property. Even though you inherited it, you could have made a new deed making you joint tenants with right of survivorship. If you did thism then the land would solely belong to you.

If you never got a new deed made and you and the sibling inherited, it was as tenants in common. That means if your sibling died, his/her share would pass to his/her estate and be distributed as per the siblings's will, if any, or via the intestacy laws of the state where the sibling lived at the time of his/her death.

If the latter situation applies and you want the land, then you will have to buy out the share of the beneficiary/heir of your deceased sibling.

See an experienced probate/real estate attorney to assist you. Ideally, you will need a real estate attorney where the land is located as that is the attorney who will have to prepare a new deed.



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