Posted on: 20th Feb, 2008 05:42 pm
Prior to my mothers death, she transferred ownership through a quitclaim deed to myself and three siblings. If one of my siblings were to die, what happens to their interest in the property? Does it revert to their personal estate, or to the remaining three siblings?
Hi Rebekah,
Welcome to forums.
If any of the siblings die suddenly without leaving any Will, then his property share can be conveyed to any of the other siblings who's interested in it. But the latter has to file an affidavit of heirship and then get the share of the deceased sibling. It's better to have a consensus amongst the siblings for this kind of a transfer.
Thanks
Welcome to forums.
If any of the siblings die suddenly without leaving any Will, then his property share can be conveyed to any of the other siblings who's interested in it. But the latter has to file an affidavit of heirship and then get the share of the deceased sibling. It's better to have a consensus amongst the siblings for this kind of a transfer.
Thanks
Rebekah,
Filing Affidavit of heirship is the right solution here. Know more about it at http://www.tarrantbar.org/Portals/0/Uploads/Elder_Law_Handbook.pdf (page 30) .
Filing Affidavit of heirship is the right solution here. Know more about it at http://www.tarrantbar.org/Portals/0/Uploads/Elder_Law_Handbook.pdf (page 30) .
presumably your ownership includes right of survivorship, which ought to take care of your question.
It depends on how the siblings took title. If the grant was to the siblings as joint tenants, then a deceased sibling's share goes to the remaining siblings. If the grant was as tenants in common, then the share goes to the sibling's heirs. Unless there was an immediate reversion in the deed, I can't think of a situation where the property would return to the decedent's estate. Examine the deed to find out.
thanks, jheard, for the clarification.
jheard, thank you for bringing that up. i hope it leads to rebekah's solution.