[2012Summer]

If three children have their name on property that they inheritated from their parents and one sib dies, who owns that person's portion of the property?

[ebaines]

Depends how the property is titled. If as "joint tenants with rights of survivorship" then the surviving siblings each end up with a half share. But if owned as "tenants in common" then the dead sibling's share passes to his heirs as specified by his will.

[2012Summer]

It has all three of their names on the property. When it time to pay the property taxes it's in all three names.
So if this is the case... the property would be split between the two surviving siblings and no one other than the surviving sibling would have rights to the property of ownership.. correct? I as a spouse, child or relative would have rights to the property... right? Especially if there is no will for the decease.

[ScottGem]

It has all three of their names on the property. When it time to pay the property taxes it's in all three names.
So if this is the case... the property would be split between the two surviving siblings and no one other than the surviving sibling would have rights to the property of ownership..correct? I as a spouse, child or relative would have rights to the property... right? Especially if there is no will for the decease.

Please reread the answer. It depends on the WORDING of the deed, not that all three names are listed.

[AK lawyer]

Look at the last document in the title. It would be perhaps an executor's deed, or I suppose a decree of the probate court, naming the owners as something like

"[sibling # 1], [sibling #2], and [sibling # 3], grantees".

Look whether it says JTWROS or tenants in common. If it doesn't say, it would be tenants in common, in which case you would be entitled to inherit sibling #3's 1/3 share.

The siblings' parents' estate was probated, right?

[2012Summer]

The 'parent' will did go to probate.
I believe that it just listed the [sibling # 1], [sibling #2], and [sibling # 3], grantees.
I'm sorry what does JTWROS mean?
For the decease sibling... there was no will.
I'm just wondering if decease spouse or children would have rights to that property. Unless the surviving sibilings sign over their portion... correct? If not the property would now go from 1/3 to now 1/2?
I'm just checking on things... hoping that I don't have get a lawyer to protect things.

[Wondergirl]

what does JTWROS mean?

"joint tenants with rights of survivorship"

[joypulv]

It sounds like you don't have a copy in front of you. Until you do, we are spinning our wheels.

[AK lawyer]

...
I'm just wondering if decease spouse or children would have rights to that property. Unless the surviving sibilings sign over their portion...correct?? ...

Yes, it looks like it. The deceased sibling's estate owns 1/3.

... If not the property would now go from 1/3 to now 1/2??
I'm just checking on things...hoping that I dont have get a lawyer to protect things.

Yes, if it's not owned by the three siblings in common, but jointly instead (which appears to be unlikely), the two surviving siblings would each now have 1/2.

Getting an attorney to look at the pertient documents would be a good idea. Many lawyers do not charge for a short consultation. If in fact the deceased sibling owns 1/3, probate may very well be necessary.

[ebaines]

I would also point out that IF the property is titled with the three siblings as tenants in common, and IF the deceased sibling left no will but has surviving spouse and children, THEN his estate passes on to his heirs according to the law for intestate estates. Laws vary widely by state, so if if this is the case please tell us what state the dead sibling lived in, and also where the property is located, and we can check what the rules are. In many states (not all by any means) the dead person's estate would be split 50% to the widow and 50% to the children, so it's possible that this property could end up with quite a few partial owners.