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Three on title, one dies...

Discussion in 'Estate Planning, Creating Wills & Trusts' started by lucky1thanx, Sep 14, 2020.

  1. lucky1thanx

    lucky1thanx Law Topic Starter New Member

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    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.
     
  2. Zigner

    Zigner Well-Known Member

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    It depends on how the title is worded.
     
  3. zddoodah

    zddoodah Well-Known Member

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    Depends on whether the three hold joint title as joint tenants or tenants in common or something else. How do they hold title?
     
  4. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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  5. lucky1thanx

    lucky1thanx Law Topic Starter New Member

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    The property is a house and land held as joint tenants.

    Of course, there are other small assets and personal property
     
  6. army judge

    army judge Super Moderator

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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".
     
  7. flyingron

    flyingron Well-Known Member

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    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.
     
    army judge likes this.
  8. zddoodah

    zddoodah Well-Known Member

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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).
     
  9. lucky1thanx

    lucky1thanx Law Topic Starter New Member

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    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.
     
    zddoodah and Zigner like this.

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