Full question:
My mother and I are owners of a house. I make all the payments and I am the primary. Do I need a will so my siblings can't claim her half if my mother passes before me?
- Category: Real Property
- Subcategory: Joint Tenants
- Date:
- State: National
Answer:
Your need for a will depends on how you and your mother own the house. If you own it as joint tenants, when one owner dies, their share automatically goes to the surviving owner due to the right of survivorship. This means your mother's half cannot be passed on through a will.
However, if you own the house as tenants in common, there is no right of survivorship. In this case, when one owner dies, their share becomes part of their estate and can be inherited by their heirs, including your siblings. A tenant in common can will their share to anyone, regardless of the wishes of the other owner.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.