If there is a piece of property that is in the names of 2 sisters and one sister passes away then does the other sister become the sole owner or does the spouse of the deceased then have part ownership?
Answer
If the two sisters are joint owners of real property, such as named on the deed,
the survivor is the sole owner upon death of one of them. If the sisters are named
as beneficiaries in a will or trust, the rights of spouses depend on the provisions
of the will or trust. Here, we assume you are asking about ownership of real
property as evidenced by a recorded deed.
Answer
It depends on how the title is held.
If it says "Jane Doe and Mary Smith" without anything else, or adds "tenants in common," then there is no right of survivorship. Upon the death of one co-owner, their share would go through probate to their beneficiary under a Will or as provided by state law.
If it says "Jane Doe and Mary Smith joint tenants with the right of survivorship," then it goes to the survivor without probate.
There are some other alternatives and there are some exceptions (such as with the Spousal Election provisions). To know more, more information would be required. You may wish to seek a consultation with an attorney to precisely determine the full answer to this situation.
Answer
If owned "jointly with right of survivorship" it would. Otherwise, it is part of the decedent's estate.
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