Full question:
I have a warranty deed for land that lists me and my brother as owners. My brother recently died. Am I now the sole owner or do my brothers heirs have a part of it? I live in Rhode Island but the land in question is in PA.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Pennsylvania
Answer:
The outcome depends on how you and your brother were listed on the deed. If the property was owned as joint tenants, you automatically become the sole owner upon your brother's death. However, if it was not joint tenancy, your brother's share may go to his heirs as part of his estate.
When someone dies, their assets go through probate. If your brother had a will, an executor is appointed to distribute his estate, including any real property. The executor can execute a fiduciary deed to transfer your brother's interest to you if he was a co-owner.
Joint tenancy allows the surviving owner to inherit the entire property without going through probate. However, if the joint tenancy is severed, the property becomes part of the deceased's estate and can be inherited by their heirs. In contrast, tenants in common do not have a right of survivorship, meaning that if one dies, their share must go through probate to be transferred to their heirs.
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.