Three on title, one dies...

L

lucky1thanx

New Member
Jurisdiction
Washington
If there are three siblings on a property's title and one of the three passes, does the heir (next of kin) to the deceased sibling inherit the diseased's position, or is the title then in just the two sibling's name?

Thanks in advance.
 
lucky1thanx said:
If there are three siblings on a property's title and one of the three passes, does the heir (next of kin) to the deceased sibling inherit the diseased's position, or is the title then in just the two sibling's name?

Thanks in advance.
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It depends on how the title is worded.
 
lucky1thanx said:
If there are three siblings on a property's title and one of the three passes, does the heir (next of kin) to the deceased sibling inherit the diseased's position, or is the title then in just the two sibling's name?
Click to expand...

Depends on whether the three hold joint title as joint tenants or tenants in common or something else. How do they hold title?
 
lucky1thanx said:
The property is a house and land held as joint tenants.

Of course, there are other small assets and personal property
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If you wish to TAKE your share you have two options.

You can ask the other owners to buy your share.

More than likely they'll ignore you.

If that is their answer, your only other option to get your CA$H is to take the matter to court seeking a "partition".
 
In Washington, if the deed says joint tenancy (or joint tenants), that implies survivorship rights. Call the registrar in the county the property is in and ask what they want. Most likely a copy of the death certificate and an affidavit affirming your joint tenancy was still in effect. You may wish to consult an attorney now to avoid headaches later on when you try to sell the property.
 
lucky1thanx said:
The property is a house and land held as joint tenants.
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In that case, the answer to this question: "If there are three siblings on a property's title and one of the three [dies], does the heir (next of kin) to the deceased sibling inherit the diseased's [sic, I assume] position, or is the title then in just the two sibling's name?"

is that the two surviving joint tenants succeed to the interest of the deceased such that they each now own a 50% undivided interest (that's assuming that prior to the death, each had a 1/3 undivided interest).
 
Thanks for the replies. After a consultation with an attorney, I now understand the we two surviving siblings vested as joint tenants now own 50% each on the real property (which we'll slightly remodel and sell). I'll file an affidavit of death of joint tenant with death certificates of both my sister and mom in order to clear the title in advance of a sale. Originally, I thought it'd be much more complicated. It's really very simple. Thank you.
 

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