Does a property that is held by siblings as “tenants in common” automatically pass on to the surviving spouse when one dies?


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?


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.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate planning attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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