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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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We live in PA and the cabin is in PA. My husband and s

Customer Question

We live in PA and the cabin is in PA. My husband and his sister own said cabin. It was purchased before we were married. If he dies, does his share become mine?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 5 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The answer to this is going to be found on the deed. If the cabin is titled as "joint tenants with right of survivorship," his share will automatically pass to his sister when he passes away. Should she predecease him, her share would automatically go to her. Property held as joint tenants is not part of a person's estate when they die and it passes outside of probate.

If the deed is titled as "tenants in common," you will get at least part of your husband's share. How much is going to depend on whether he leaves a will and what the will says.

Expert:  Lucy, Esq. replied 5 months ago.

The fact that he bought it before the marriage would only be relevant if the two of you divorce. That's when marital property laws come into play.

Expert:  Lucy, Esq. replied 5 months ago.

The percentage you'll get when he passes without a will depends on whether your husband has any surviving children or parents. If he doesn't, you'd get it all. Take a look at Title 20, Pa. Cons. Stat., Section 2102.

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