Inheriting property with siblings: What happens when one dies?

💡 The big question: If you co-own inherited property with siblings, what happens if one of you dies? The answer depends on the ownership structure.


⚖️ Two main ownership types:

  1. Joint Tenancy with Right of Survivorship (JTWROS)

    • Ownership automatically transfers to surviving co-owners when one dies—no probate needed.
    • ⚠️ Watch out: This overrides any will and could conflict with the deceased's wishes to pass their share to a spouse or children.
  2. Tenancy-In-Common

    • Each co-owner has a divisible share they can pass on via a will.
    • Allows unequal ownership (e.g., one sibling owns 40%, others 30%).
    • ⚠️ Risks: Probate delays and potential creditor claims if no estate plan is in place.

🛠️ Plan ahead:

  • Review your deed to confirm ownership type.
  • Estate planning is crucial to ensure your wishes are honored.
  • Communicate openly with siblings about future intentions to avoid conflict.

💡 Why it matters: Misunderstanding property rules can disrupt family harmony and long-term plans.

Andrew Ayers
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I work with business and estate planning clients to craft legal solutions to protect their legacies.