QUESTION
Does spouse have right to siblings half of joint house?
Asked on Nov 11th, 2013 on Estate Planning - California
More details to this question:
If my dad left me and my sister the house when he died and I'm wanting to know if she dies before I do, does her spouse get her half of the house or is it all entitled to me?
15 ANSWERS
Wow. Get a copy of the deed. Did dad transfer the title? Was the will probated? What do you mean "if she dies" do you you mean your sister? We are a bit confused. Try writing the question again. If Dad left the house to each of you as tenants in common, yes, her estate would inherit her interest.
Answered on Nov 21st, 2013 at 10:40 AM
3 Awards
It depends upon how the Will is written and how title is held.
Answered on Nov 13th, 2013 at 2:12 PM
Estate Planning Attorney serving Seattle, WA
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Law Offices of Scott K. Wilson
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Depends on what the will says. It can say goes to you if sister dies or to her husband. If it is silent, I think it goes to her children and if none then to you. In the absence of a directive for predeceased heirs, the rule is to follow the blood line, excluding family members by marriage.
Answered on Nov 12th, 2013 at 5:26 PM
Edwin K. Niles
It depends on how the will is written.
Answered on Nov 12th, 2013 at 5:26 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If you and your sister each own half the house, as tenants in common, then her half goes according to her will. If none, and it was her separate property, then it goes one-third to her husband and two-thirds to her issue (or if she only has one child, half-and-half). If your mom is living or you hold as joint tenants, it would be different.
Answered on Nov 12th, 2013 at 5:25 PM
The answer to your question depends on how you and your sister own the house. If you are joint tenants, you will inherit your sister's share when she dies and vice versa. If you are tenants in common, each of you can bequeath your share of the property to whomever you choose to.
Answered on Nov 12th, 2013 at 5:25 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Her children receives her share of the house.
Answered on Nov 12th, 2013 at 5:25 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It all depends on what the deed/Will/Trust says. If the relevant document says, "joint tenants with rights of survivorship," then the spouse would not get anything. If it says something else, then you would need to know what it says. It is relatively unusual for someone to directly provide for their son-in-law or daughter-in-law.
Answered on Nov 12th, 2013 at 3:01 PM
It depends on how you currently own the property. There are several choices: 1. Joint tenants with right of survivorship 2. Tenants in common 3. In trust You can look at the Deed and see who owns the property.
Answered on Nov 12th, 2013 at 12:13 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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The personal representative of your father's estate executed and recorded a deed to you and your sister as part of the distribution of the estate. I'd be very surprised if that deed was to you and your sister with right of survivorship; if it doesn't clearly say it's with right of survivorship, then you hold as tenants in common. If your sister dies before you, then whoever is entitled to her estate (according to her will) gets her half of the house.
Answered on Nov 12th, 2013 at 12:05 PM
It depends entirely on how the title is held. If the title is joint tenancy then the property goes to the survivor. If the title is held as tenants in common then each owners heirs inherit their half. You should consult a real estate attorney to review the documents and advise you.
Answered on Nov 12th, 2013 at 11:43 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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In most states, this question depends upon the exact wording of the deed and how it was left. If silent generally in Michigan you will own it as tenants in common so her spouse might get her 1/2 if she passes first.
Answered on Nov 12th, 2013 at 11:42 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, it depends on how the house was left to your sister and yourself.
Answered on Nov 12th, 2013 at 11:42 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It will probably belong to the spouse, because it is probably a tenancy in common and not a joint tenancy.
Answered on Nov 12th, 2013 at 11:42 AM
2 Awards
It depends upon what the will or trust says as to who gets it if she dies first. It rarely goes to a spouse but if the will or trust says it does, that would be what happens. If the document is silent it will either go to your sister's children or you but it is impossible to say without reviewing the document.
Answered on Nov 12th, 2013 at 11:41 AM