My husband is a joint owner of an inherited house. He and his sister are the only names now on the deed to the house. Our question is: If my husband were to die without a will and if he were to die before his sister and before the house is sold, who will then own the house? His sister or my husband's supposed heirs ("supposed"--meaning who the state of GA--where he and I, his wife, live-- or TN--where the house is--decides who the heirs are?)?Thank you.
Country relating to Question: United States
State (if USA): Georgia
Nothing. My husband's sister will not sell the house, and we're wondering what would happen if my husband died. The house is in TN; my husband and I live in GA.
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As they are joint owners, should he pass away first, the property would pass directly to his sister. The suriving joint owner inherits, it passes outside of any estate or Will. This is the same thing that would happen with any other jointly owned property, such as a joint bank account between you and your spouse - it would pass directly to you without having to do anything.
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Thank you.My husband could not pass his share of the house to any of his heirs via a statement in a will?
Not if it's held as joint tenants, no. If they held the property as "tenants in common" then each would own a 50% share, and at their passing, could distribute their share via a Will/Trust.
How would we know if my husband and his sister are joint tenants or tenants in common?If my husband dies without a will and if he and his sister are tenants in common, will the house go directly to his sister as it would if they were joint tenants?Thank you!
You need to look at the deed and see how they are listed. If they are in fact tenants in common, and your husband were to predecease his sister, then no, she does not automatically take his share. It would still pass to his heirs. The difference is, if he dies without a Will, state law will control how the assets in his estate are distributed (who inherits), which may or may not be what he would have wanted. Honestly, I would be surprised if they own the home as joint tenants and not tenants in common -- joint tenancy ownership is usually seen with spouses. If it is joint tenancy, they may want to execute a need deed to change it to tenants in common, because his sister may not want the risk of passing before your husband and her share of the property going to him, either.
Thank you very much!We feel relieved to have some information about his!!
My pleasure. Hope you had a good and safe holiday! I'll close this question now.
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