My Grandmother Left her two family home to my mother ,my sister, and me . The deed of the house states us three. What happen if all of who on the deed dies, will grandchildren inherit this home, theirs names are not on the deed,there are the only two grandchildren in our family.

It depends on how each are named on the deed, The exact "word for word" listing of the people, in some cases if one dies the others merely have ownership, in other cases if one dies, their 1/3 share would go to their heirs.

So how the names are listed make the difference.

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Originally Posted by annettelegrand

My Grandmother Left her two family home to my mother ,my sister, and me . The deed of the house states us three. What happen if all of who on the the deed dies, will the grandchildren inherit this home, their names are not on the deed, they are the only two grandchildren in our family.

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Will the grandchildren inherit this home without their name being on the Deed ?

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Originally Posted by annettelegrand

Will the grandchildren inherit this home without their name being on the Deed ?

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Sort of. Maybe.

First, it depends on how the deed is written and what state (assuming you are in the U.S.) you are in.

It could be joint tenancy with right of survivorship. If that is allowed in your state (at least one state only allows JTWROS for spouses), when one of the three dies, the other two will own the property In common.

Or, it could be that the three own in common now. What that means is that each owns a 1/3 undivided interest. When each dies, his or her interest goes to that person's estate, and from there to that person's heirs (or devisees if he/she left a will).

So, if it is desired that the grandchildren inherit, each grandchild will only inherit his/her parent's interest.

Is that clear enough?

By-the-way, I imagine you are trying to figure out how to make sure the property goes to the grandchildren without going through probate. You had best see a lawyer. Else you are quite apt to completely muck it up. If the Rule in Shelly's Case hasn't been abolished in your state, that might complicate things too.

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Originally Posted by annettelegrand

Will the grandchildren inherit this home without their name being on the Deed ?

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Didn't you read FR_Chuck's initial response? We can't answer your question without knowing the EXACT wording on the deed. There are different ways of wording a deed. In some ways, ownership goes to the survivor when an owner dies. In other ways, their share goes to the heirs of that owner.

Unless the ownership is with right of survivorship, each share goes to the heirs. But with right of survivorship lets say your mother dies first. Your sister and you are now the owners. Then your sister dies and you become the sole owner. Then you die and your heirs get the property.

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Originally Posted by ScottGem

... But with right of survivorship lets say your mother dies first. Your sister and you are now the owners. Then your sister dies and you become the sole owner. Then you die and your heirs get the property.

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Actually, I believe a JTWROS becomes a tenancy in common when one of three tenants dies.