My husband and his three siblings were deeded land via a “quit claim” by their parents. One of the siblings has passed away and did not have a will. Does his share automatically pass on to his spouse or would it pass on to his children?
ANSWER BY MARGARET CROSS-BELIVEAU:
Only a joint tenancy passes to the survivor. A tenant in common interest will pass under the law of intestacy since the decadent had not executed a will. The persons who inherit and in what percentages vary depending on the type and value of the assets going through probate.
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