QUESTION
If property owners (tenants in common) live in two different states, if one owner dies, can other owner claim property?
Asked on Dec 30th, 2013 on Estate Planning - Oregon
17 ANSWERS
Edwin K. Niles
Tenants in common means that each of you owns an undivided one half. The half of the decedent goes to heirs.
Answered on Jan 03rd, 2014 at 4:47 AM
No, not even if they live in the same state. Tenants in common means that each owns an equal share of the property. When one dies, it goes to that person's estate to be handled through probate. If it was held as joint tenants with right of survivorship then it wold pass to all the remaining owners.
Answered on Jan 03rd, 2014 at 4:46 AM
If this is truly a tenant in common and not joint tenant, the will of the decedent, or if no will the heirs of the deceased, will be the new owner of the decedent's property. If there are absolutely no heirs at law (which has to be probated) then after a long and exhausted search if no heirs exist, then the property becomes part of the State - it 'escheats' to the State of Florida. The other tenant in common is NOT the owner - there is no default for anyone else to become the owner.
Answered on Jan 03rd, 2014 at 4:46 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It would be a question of the law of the state in which the real property exists.
Answered on Jan 02nd, 2014 at 3:50 PM
Thomas Edward Gates
Is there a will? If not, most states have intestate statutes the define the distribution of the estate.
Answered on Jan 02nd, 2014 at 3:49 PM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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No, unlike joint tenancy w/ rt of survivorship, a tenancy in common interest gets inherited, whether by will, trust or intestacy.
Answered on Jan 02nd, 2014 at 11:44 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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That's a big if, no other heirs are found; but in this state, that tenant in common owner's share would escheat to the state, unless you arranged to buy the state's interest for fair market valiue.
Answered on Jan 02nd, 2014 at 11:44 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Not unless the co-owner was a heir.
Answered on Jan 02nd, 2014 at 11:43 AM
No. The tenancy in common interest will pass through the estate of the deceased common tenant.
Answered on Jan 02nd, 2014 at 11:43 AM
2 Awards
Your question is not clear. If one tenant in common dies, that person's share belongs to their estate. Whomever the legal heirs are, own the property. If the other tenant in common is not a legal heir, he/she cannot claim the property. There is likely a legal heir somewhere, that person just has to be located.
Answered on Jan 02nd, 2014 at 11:43 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. With tenants in common, probate will be necessary. You will need to go through the process of locating heirs. If there are no heirs, you have a mess on your hands.
Answered on Jan 02nd, 2014 at 11:43 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Only by adverse possession.
Answered on Jan 02nd, 2014 at 11:40 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Upon the death of the owner of an interest in property held as a tenant in common the ownership interest is part of the decedent's estate. The property will be distributed in accord with the decedents will, if any. If there is no will the property will be distributed in accordance with the state statute on descent and distribution. If the decedent has no living descendants the statute will look to the siblings and if none to the parents, then to the relatives and heirs of the parents and the parents relatives.
Answered on Jan 02nd, 2014 at 11:40 AM
3 Awards
Probably not. A beneficiary will be determined under that intestate law of the state where the property is located. It may be the State. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jan 02nd, 2014 at 11:39 AM
No, the property goes to the heirs of the deceased tenant and if none, to the state.
Answered on Jan 02nd, 2014 at 11:39 AM
No. A Tenant in common can only pass his/her interest in the property to a named beneficiary or a person or entity determined by a probate court to be the lawful heir. A surviving tenant in common may be able to purchase the decedent's interest if no heirs exist.
Answered on Jan 02nd, 2014 at 11:39 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Nope. Tenants in common do not get the other party's interest when they die. If nothing else, you would have to buy out the other party and it would go to the state. It sounds like somebody needs to do some more investigation to find heirs somewhere.
Answered on Jan 02nd, 2014 at 11:39 AM